1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MMO No. 233 of 2025 Decided on : 16.5.2025 Zafar Iqbal & anr. …Petitioners Versus State of H.P.& anr. …Respondents ____________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ____________________________________________________ For the Petitioners : Petitioners in person with Mr. Vinod Sharma, Advocate. For the Respondents :Mr. Tejasvi Sharma, Addl. A.G., for respondent No. 1. Respondent No. 2 in person with Mr. Jagat Paul, Advocate. Virender Singh, Judge (oral) The petitioners have filed the present petition, under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) seeking quashing of FIR No. 10 of 2019, dated 10.1.2019, under Sections 323, 336 and 34 of the Indian Penal Code 2 (hereinafter referred to as ‘the IPC’), and Section 27 of the Arms Act, 1959, registered with Police Station, Dhalli, District Shimla, H.P., as well as, the proceedings resultant thereto, which are stated to be pending in the Court of learned ACJM, Court No. 1, Shimla, H.P., in view of the compromise, having been effected, between the parties. 2. It is the case of the petitioners that the aforesaid FIR has been lodged against them, at the instance of respondent No. 2. Petitioner No. 1 has also got registered cross FIR, bearing No. 9 of 2019, dated 10.1.2019, under Sections 147, 148, 149, 323 IPC, against respondent No. 2 and five other persons. 3. It is the further case of the petitioners that the aforesaid FIRs have been lodged, by both the parties, against each other, due to some mis-understanding. Since, the petitioners, as well as, respondent No. 2 want to live peacefully in the society, they have compromised the matter, with regard to both the FIRs. 4. Compromise deed, Annexure P-3 has been placed on record, which bears signatures of the parties. 3 5. On the basis of above facts, a prayer has been made to allow the petition, by quashing FIR No. 10 of 2019, as referred to above. 6. When put to notice, respondent No. 1-State, has filed status report disclosing therein the factual position, about the manner, in which, the FIR in question has been registered and criminal machinery swung into motion. 7. Respondent No. 2, who, at one point of time, had levelled allegations against the petitioners, when appeared in this Court, has deposed that the matter has been settled between the parties, with regard to FIR No. 10 of 2019, dated 10.1.2019, as well as, FIR No. 9 of 2019, dated 10.1.2019, registered with Police Station, Dhalli. He has re-asserted the averments, as made in the compromise, Annexure P-3. 8. Lastly, he has deposed that he has no objection, if the present petition is allowed and the FIR in question is quashed. 9. Petitioners have also made similar joint statement, in which, they have asserted that compromise, with regard to FIR Nos. 9 of 2019 and 10 of 2019, has been effected, between the parties. 4 10. Heard. 11. No doubt, the parties have lodged FIRs, against each other, by levelling allegations, against each other, however, the person, who has put criminal machinery into motion, when appeared in the witness box, has deposed that the parties have now compromised the matter, as they want to live peacefully in the society. 12. When the complainant/respondent No. 2, who has put criminal machinery into motion, has compromised the matter with the petitioners, in order to live peacefully in the society, then, in order to achieve the object of law, the prayer, as made in the petition, is liable to accepted. 13. Moreover, acceptance of the petition will give another opportunity to the parties to live peacefully in the society. Not only this, acceptance of the present petition will also save precious time of the Court, as, the learned trial Court would be in a position to devote such time, for deciding some other serious disputes, pending before it. 14. Considering all these facts, the present petition is allowed and FIR No. 10 of 2019, dated 10.1.2019, under Sections 323, 336 and 34 of the IPC, and Section 27 of the Arms Act, 1959, registered with Police Station, Dhalli, 5 District Shimla, as well as, proceedings resultant thereto, are quashed. 15. The statements, so recorded, before this Court, as well as, compromise deed, Annexure P-3, shall form part of the judgment. 16. Pending miscellaneous application(s), if any, also stand disposed of. (Virender Singh) Judge May 16, 2025 Kalpana