Extracted from the PDF above. The PDF is authoritative.
_____________________________ 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. 226 of 2026
Reserved on: 24.07.2026
Date of Decision 05 .08.2026
Manjeet & others
...Petitioners
Versus
State of H.P. & another
...Respondents
Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No.
For the petitioner : Mr Surya Chauhan, Advocate vice Mr. Arthav Gharaik, Advocate. For the respondents :
Mr Lokender Kutlehria, Additional Advocate General for respondent No.1/State. Mr Arsh Chauhan, Advocate, for respondent No.2 & 3. Rakesh Kainthla, Judge
The petitioners have filed the present petition for quashing of FIR No.06 of 2026, dated 16.01.2026, registered for the commission of offences punishable under Sections 115(2), 190, 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS) at Police Station Shillai, District Sirmour, H.P. and consequential proceeding arising out of it based on the compromise effected between the parties. 2
2. It has been asserted that the matter has been compromised between the parties with the intervention of the respectable persons of the society. The informant and victim do not want to proceed further with the matter after the compromise. Hence, the petition. 3. The statements of the informant-Rishabh and victim- Raheem were recorded on 01.07.2026, in which they stated that they had entered into a compromise with the accused voluntarily without any influence from anyone and they have no objection to quashing the F.I.R. based on a compromise between the parties. 4. Heard. 5. Section 115(2) of the BNS is compoundable under Section 359 of Bharatiya Nagarik Suraksha Sahinta (BNSS). Section 359(3) BNSS provides that when an offence is compoundable, and a person is liable by virtue of Section 190 of BNS, the same may be compounded. Therefore, the offence punishable under Section 115(2) read with Section 190 of BNS can be compounded under Section 359 of BNSS. 3 191(2) of the BNS corresponds to Section 147 of IPC, and Section 191(3) corresponds to Section 148 of the IPC.
This Court has quashed the F.I.R. registered for the commission of offences punishable under Sections 147 & 148 of IPC inter alia 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 based on compromise and these judgments are binding on this Court. 6. Consequently, the present petition is allowed, and F.I.R. No. 06 of 2026, dated 16.01.2026, registered at Police Station Shilaai, District Sirmour, H.P. for the commission of offences punishable under Sections 115(2), 190, 191(2) and 191(3) of the BNS and consequential proceedings arising out of it are quashed. 7. Petition stands disposed of in the above terms, so also pending applications, if any. 8. 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
4 said authorities shall not insist on the production of a certified copy but, if required, may verify the passing of the order from the website of the High Court. (Rakesh Kainthla)
Judge 05th August, 2026. (Ravinder)