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2026 DAILYLAW 20068 (HP)

VASIM KHAN AND ANOTHER v. STATE OF HP AND ANOTHER

CRMMO/500/2026 · 2026-08-06

Rakesh Kainthla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

______________ Whether reporters of the local papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMMO No. 500 of 2026 Reserved on: 29.07.2026 Date of Decision: 06.08.202 Vasim Khan & another ....Petitioners Versus State of H.P. & another ....Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioners : Mr Servedaman Rathore, Advocate. For respondents : : Mr Tarun Pathak, Deputy Advocate General, for respondent No.1/State. Mr Ashok Kumar, Advocate, for respondent No.2. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of F.I.R No. 44 of 2026, dated 14.03.2026 registered at Police Station Majra, District, Sirmaur, H.P. for the commission of offences punishable under Section 126(2), 115(2), 191(2), 191 2 (3), 190, 352, and 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 and the consequential proceedings arising out of it based on a compromise effected between the parties. 2. It has been asserted that the matter has been compromised between the parties and the informant does not want to proceed further with the matter after the compromise. The continuation of the proceedings would amount to an abuse of the process of the Court. Therefore, it was prayed that the present petition be allowed and the FIR and consequential proceedings arising out of it be quashed. 3 The statement of the informant/victim, Abbas Khan, was recorded on 17.06.2026, in which he stated that he had entered into a compromise with the accused voluntarily without any influence from any person and had no objection to quashing the FIR based on a compromise effected between the parties. 4. Heard. 5. The offences punishable under Section 115(2), 126(2), 351 (2) and 352 of BNS are compoundable under Section 359 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Section 359(3) BNSS provides that when the offences are compoundable, 3 and a person is liable by virtue of Section 190 of the BNS, the offence may be compounded. Therefore, the offence is punishable under Section 115(2), 126(2), 351(2) and 352 read with Section 190 can be compounded under Section 359 of the BNSS. 6. Sections 191(2) and 191 (3) of the BNS correspond to Section 147 and 148 of the Indian Penal Code (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. 5. Therefore, in view of these precedents, the present petition is allowed and the F.I.R. No.44 of 2026 dated 14.03.2026, registered for the commission of offences punishable under Sections 126(2), 115(2), 191(2), 191(3), 190, 352, 351 (2) of BNS at 4 Police Station Majra, District Sirmour, H.P. and consequential proceedings arising out of the said F.I.R. are quashed. 6. 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 06th August, 2026 (Ravinder)