( 2025:HHC:18124 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.296 of 2025 Decided on : 05.06.2025 Ankit …Petitioner Versus State of Himachal Pradesh & Ors. …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Parikshit Sharma, Advocate. For the respondents : Mr. Tejasvi Sharma, Additional Advocate General for respondent No.1/State. Respondents No.2 and 3 with Mr. Kunal Thakur, Advocate. Virender Singh, Judge (oral) Petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No.02/2019, dated 02.01.2019 (hereinafter referred to as the FIR, in question), registered with Police Station, Majra, District Sirmaur, H.P., under Sections 363 of the Indian Penal Code, (hereinafter referred to as the ‘IPC’), as well as, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 ( 2025:HHC:18124 ) the proceedings resultant thereto, which are stated to be pending before the Court of learned Judicial Magistrate First Class, Court No.2, Paonta Sahib, District Sirmaur, H.P. (hereinafter referred to as the ‘trial Court’). 2. The relief of quashing has been sought, on the basis of the compromise, which has taken place between the petitioner and respondents No.2 & 3. 3. According to the petitioner, on the statement of respondent No.3, FIR in question was lodged against him, alleging therein that he has kidnapped her daughter. 4. It has been averred in the petition that after registration of the FIR in question, the matter has been amicably settled between the parties and respondent has solemnized the marriage with him and out of this wedlock, they have been blessed with a girl child. 5. It is the case of the petitioner that now, respondent No.2 is residing happily with him in her matrimonial home. 6. On the basis of the above facts, a prayer has been made to quash the FIR, in question, as well as, the proceedings resultant thereto, pending before the learned trial Court, by allowing the petition. 3 ( 2025:HHC:18124 ) 7. When put to notice, respondent No.1 has filed the status report, disclosing therein, the manner, in which, the FIR, in question, has been registered, at the instance of respondent No.3, as well as, the manner, in which, the police has conducted the investigation, in this case and submitted the final report, which is pending adjudication, before the learned trial Court. 8. The person, who, at one point of time, had put the criminal machinery into motion, by lodging the FIR, in question, by levelling allegations, as mentioned in it, now has settled the matter with the petitioner, vide compromise Ex.PC. 9. Respondent No.3, while appeared before this Court, has deposed that due to some misunderstanding, she had lodged the FIR in question. After registration of the FIR, the police has conducted the investigation and submitted the final report, which is pending before the learned trial Court. 9.1. Respondent No.3 has further deposed that during the pendency of the case, before the learned trial Court, as well as, with their consent, her daughter (respondent No.2) had solemnized the marriage with the 4 ( 2025:HHC:18124 ) petitioner and now, they have been blessed with a girl child and her daughter is now happily residing in her matrimonial home. In this regard, she has relied upon the Marriage Certificate Ex.PA and the birth certificate of a girl child Ex.PB. 9.2. Respondent No.2 has specifically stated that since, the dispute, between the parties, has now been settled and her daughter is now residing happily with the petitioner, in her matrimonial home, as such, she has no objection, in case, the present petition is allowed, as prayed for. 9.3. Not only this, respondent No.2 has identified her signatures, over the compromise, Ex.PC and also shown her voluntariness and willingness to enter into the compromise with the petitioner, by stating that the compromise has been effected out of her free will, consent and without any pressure. 10. Today i.e. on 05.06.2025, similar type of statement has also been made by respondent No.2, on oath. 11. Respondent No.2, when, appeared before the Court, has deposed in the aforesaid terms. She has 5 ( 2025:HHC:18124 ) deposed that due to some misunderstanding, her mother (respondent No.3) had lodged the FIR in question against the petitioner. During the pendency of the case, before the learned trial Court, with the consent of her parents, she had solemnized the marriage with the petitioner. She has specifically stated that now, she is residing happily in her matrimonial home with the petitioner. 11.1 Not only this, respondent No.3 has also identified her signatures, over the compromise, Ex.PC and also shown her voluntariness and willingness to enter into the compromise with the petitioner, by stating that the compromise has been effected out of her free will, consent and without any pressure. 12. Similar statement of the petitioner has also been recorded, on oath. 13. Heard. 14. The marriage, between the petitioner and respondent No.2, is stated to have been solemnized on 15.03.2021 i.e. after the registration of the FIR and thereafter, both of them have been blessed with a girl child. However, compelled by the circumstances, it seems that due to some misunderstanding, respondent No.3 had 6 ( 2025:HHC:18124 ) lodged the FIR, in question, against the petitioner, in which, the police has conducted the investigation and submitted the final report, which is pending before the learned trial Court. 15. With the passage of time, good sense has prevailed upon them and they have compromised the matter, vide compromise Ex.PC. The said compromise is stated to have been taken place between the parties, during the pendency of the case, before the learned trial Court. 16. The efforts, made by those persons, have resulted in the settlement of the matter and respondent No.2 has now started residing happily with the petitioner in her matrimonial home. Not only this, as per the categorical stand, taken by respondent No.3 and 2, all the disputes have now been settled, as well as, all the misunderstanding have also been cleared and the terms and conditions of the compromise have been reduced into writing, vide compromise Ex.PC. 17. The primary purpose of the law is to maintain peace and harmony in the society. When, the petitioner and respondent No.2 have now started residing together, in 7 ( 2025:HHC:18124 ) the matrimonial home, after settling all the disputes, then, the sincere efforts, which they had made, must be recognized by the Court, by accepting the present petition, as prayed for. Moreover, this Court is satisfied with the genuineness of the compromise Ex.PC, entered into between the parties. 18. Even otherwise, if, respondent No.3 is compelled to pursue the criminal proceedings against the petitioner, which are pending before the learned trial Court, it would be nothing, but, abuse of the process of law and it would also adversely affect the matrimonial life of petitioner and respondent No.2, as well as, their girl child. 19. Considering all these facts, this Court is of the view that in case, the present petition is allowed, it will not only save the precious judicial time of the learned trial Court, but, will also save the valuable relations between the parties i.e. petitioner and respondent No.2. The time, which, the learned trial Court, would have devoted for the decision of this case, may be devoted for deciding some other serious matters, pending before it. 20. In view of the discussions, made hereinabove, the petition is allowed and FIR No.02/2019, dated 8 ( 2025:HHC:18124 ) 02.01.2019, registered with Police Station, Majra, District Sirmaur, H.P., under Sections 363 of the IPC, as well as, the proceedings resultant thereto, pending before the learned trial Court, are ordered to be quashed. 21. The compromise Ex.PC and the statements of the parties, recorded today, shall form part of the judgment. 22. Pending miscellaneous application(s), if any, shall also stand disposed of accordingly. ( Virender Singh ) Judge June 05, 2025 (Gaurav Thakur)