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2026 DAILYLAW 15300 (HP)

MORYAN v. STATE OF HP

CRMMO/418/2026 · 2026-07-14

Rakesh Kainthla

body2026

Judgment text

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2026:HHC:28412 _____________________________ 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 418 of 2026 Reserved on: 30.06.2026 Date of Decision: 14.07.2026 Moryan & others ...Petitioners Versus State of H.P. & others ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioners : Mr Rahul Anand Kapoor, Advocate. For the respondents : Mr Ajit Sharma, Deputy Advocate General, for respondent No.1. : M/s Subhash Mohan Snehi and Bhavnita, Advocates, for respondents No.2 to 5. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 32 of 2026, dated 25.03.2026, registered at Police Station Kotkhai, Shimla, District Shimla, H.P. for the commission of offences punishable under Sections 2 2026:HHC:28412 115(2), 333, 191(2), 190 of Bhartiya Nyaya Sanhita (BNS), 2023 and consequential proceedings arising therefrom, based on a compromise effected between the parties. 2. It has been asserted that both parties had lodged an FIR against each other. The injuries sustained by the victims were simple, and the matter has been amicably settled between the parties with the intervention of the respectable persons of the society. The informant and the victim do not want to proceed further with the matter after the compromise. Hence. the petition. 3. The statements of the informant, Shivansh, and the victim/injured: Vikas Singh Naryal, Rhitansh and Abhay Singh, were recorded on 11.05.2026, in which they stated that the matter had been compromised between the parties voluntarily without any influence from any person. Therefore, the informant and victim had no objection to the quashing of F.I.R. based on a compromise between the parties. 4. Heard. 3 2026:HHC:28412 5. Section 359 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 makes the offences punishable under Section 115(2) as compoundable. Section 359(3) provides that when the offence is compoundable under this section, and a person is liable under Section 190 of BNS, the offence may be compounded. Therefore, the offence punishable under Section 115(2) read with Section 190 of the BNS can be compounded as per Section 359 of the BNSS. 6. The offence punishable under Section 333 of BNS corresponds to Section 452 of the IPC, and the offence punishable under Section 181(2) of BNS corresponds to Section 147 of the IPC. This Court has already quashed the F.I.R. for the commission of an offence punishable under Section 147 of IPC in Sivo Devi vs others vs State of HP 2023 (2), Shimla Law Cases 949, Umesh Kumar vs State Kumar HP 2022 STPL 10721, Satish Kumar State of H.P. 2022 STPL 10703, Inderjeet vs State of H.P. 2022(2) Himachal Law Reporter 1217 and Subhash Verma vs State of H.P. 2021 (3) Shimla Law Cases 1146 and under Section 452 of IPC in Prashant Dharmani & others vs. State of H.P. & others 2023(1) Him.L.R.241, Ameen vs State of H.P. & others 2023(1) Him L.R.375, Avinash Singh Rana vs State of H.P. & others 4 2026:HHC:28412 023 STPL 3181 H.P and Chaman Lal vs State of H.P.Latest HLJ 2023(HP)(1)213 based on compromise. These judgments are binding on this Court. 7. Consequently, the present petition is allowed and F.I.R. No. 32 of 2026, dated 25.03.2026, registered for the commission of offences punishable under Sections 115(2), 333, 191(2), 190 of BNS, 2023 at Police Station Kotkhai, District Shimla, H.P., and the consequential proceedings pending/initiated arising in pursuance thereto are quashed. 8. Petition stands disposed of in the above terms, so also pending applications, if any. 9. 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 14th July, 2026. (Ravinder)