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2026 DAILYLAW 13656 (HP)

KAPIL KUMAR v. STATE OF HP AND ANOTHER

CRMMO/364/2026 · 2026-06-30

Rakesh Kainthla

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:HHC:25418 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 364 of 2026 Reserved on: 22.6.2026 Date of Decision: 30.6.2026. Kapil Kumar ….Petitioner Versus State of HP & anr. ….Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr Jeet Singh, Advocate. For Respondent No.1 : Mr Ajit Sharma, Deputy Advocate General. For Respondent No.2 : Mr Ram Kumar, Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 46 of 2026, dated 14.4.2026, registered at Police Station, BSL Colony, Sunder Nagar, District Mandi, H.P., for the commission of offences punishable under Sections 85 and 115(2) of Bharatiya Nyaya Sanhita, 2023 (BNS) and the consequential proceedings arising out of it. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2026:HHC:25418 2. It has been asserted that the informant/respondent no. 2 has settled the matter with the petitioner with the intervention of the petitioner’s relatives. The continuation of the proceedings would be a futile exercise. Hence, it was prayed that the present petition be allowed and the FIR and consequential proceedings arising out of the FIR be quashed. 3. Statement of the informant/victim was recorded on 30.04.2026, in which she stated that she had entered into a compromise with the accused voluntarily without any influence or coercion from any person. She did not want to proceed further with the matter after the compromise and had no objection to quashing the FIR. 4. The offence punishable under Section 115(2) is compoundable under Section 359 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The offence punishable under Section 85 of the BNS corresponds to Section 498A. of the IPC. An FIR registered for the commission of an offence punishable under Section 498A of the IPC can be quashed based on the compromise as per the judgments in Gian Singh versus State, 2012 (10) SCC 303, Narender versus State of Punjab, 2014 (16) SCC 466, Vikas Singh vs. State of H.P. (2023)I DMC 3 2026:HHC:25418 335 (HP) and Sanjay Kumar vs. State of H.P2023 (1) Him L.R. 602, which are binding upon this Court. 5. Consequently, the present petition is allowed and FIR No. 46 of 2026, dated 14.4.2026, registered at Police Station, BSL Colony, Sunder Nagar, District Mandi, H.P., for the commission of offences punishable under Sections 85 and 115(2) of BNS and the consequential proceedings arising out of it are quashed. 6. Petition stands disposed of in the above terms, so also pending miscellaneous applications, if any. 7. Parties are permitted to produce a copy of this judgment, downloaded from the webpage of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist on the production of a certified copy, but if required, may verify passing of the order from the Website of the High Court. (Rakesh Kainthla) Judge 30th June, 2026 (Chander)