Extracted from the PDF above. The PDF is authoritative.
2026:HHC:32826 ______________ Whether reporters of the local papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CrMMO No. 229 of 2026
Reserved on: 29.07.2026
Date of Decision: 06.08.2026
Shubham & others
.... Petitioner
Versus
State of H.P. & another
.... Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Mr Arsh Chauhan, Advocate. For respondents
:
: Mr Tarun Pathak, Deputy Advocate General, for respondent No.1/State. Mr Arthav Gharaik, Advocate, for respondents. Rakesh Kainthla, Judge
The petitioners have filed the present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNNS), 2023, for quashing of F.I.R. No. 05 of 2026, dated 16.01.2026, registered for the commission of offences punishable under
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2026:HHC:32826 Sections 115(2), 190, 191(2) and 191(3) of Bhartiya Nyaya Sanhita (BNS), 2023 at Police Station Shillai, District Sirmour, H.P. and consequential proceedings arising out of the said F.I.R. based on the compromise. 2. It has been asserted that a dispute arose between the parties in a match. The matter has been amicably settled between the parties, and the informant does not want to proceed further with the matter after the compromise. Hence, the present petition. 3. The statements of the informant Raman Tomar and victims Piyush, Aditya Tomar and Tanuj Tomar 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 any person and they had no objection to quashing the F.I.R based on a compromise between the parties. 4. Heard. 5. The offence punishable under Section 115 (2) of the BNS is compoundable under Section 359 of the BNSS. Section 359(3) of the BNSS provides that when an offence is compoundable, and a person is liable by virtue of Section 190 of
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2026:HHC:32826 the BNS, the offence may be compounded. Hence, the offence punishable under Section 115(2) read with Section 190 can be compounded under Section 359 of BNSS. The offences punishable under Section 191(2) and 191 (3) correspond to the offences punishable under Sections 147 and 148 of IPC.
This Court had already 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. Therefore, in view of these binding precedents, the present petition is allowed and of F.I.R. No. 05 of 2026, dated 16.01.2026, registered for the commission of offences punishable under Sections 115(2), 190, 191(2) and 191(3) of BNS at Police Station Shillai, District Sirmour, H.P. and consequential proceedings arising out of the said F.I.R. are quashed. 4
2026:HHC:32826
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 the passing of the order from the website of the High Court. ( Rakesh Kainthla )
Judge
6th August, 2026 (Ravinder)