SALOCHANA DEVI AND ANOTHER v. STATE OF HP AND OTHERS
CRMMO/631/2026 · 2026-08-21
Rakesh Kainthla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20462 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20462 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:HHC:35434 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 631 of 2026 Reserved on: 18.8.2026 Date of Decision: 21.8.2026. Salochana Devi & anr. …. Petitioners Versus State of HP & ors. …. Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr
Surya
Chauhan,
Advocate. For Respondent No.1-State : Mr
Jitender
Sharma,
Additional Advocate General. For Respondents No.2 & 3 : Ms Aanchal Singh, Advocate. Rakesh Kainthla, Judge The petitioners have ,led the present petition for quashing of FIR No. 132 of 2025, dated 28.9.2025, registered at Police Station Nadaun, District Hamirpur, HP for the commission of o3ences punishable under Sections 74, 75(2), 79, 352, 115(2) 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2026:HHC:35434 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) based on a compromise between the parties. 2. It has been asserted that Sections 79, 115(2) and 352 of BNS are compoundable but Sections 75(2) of BNS is not compoundable. The matter has been reconciled between the parties, who belong to the same village. The informant does not want to proceed further with the matter after the compromise and has no objection to quashing the FIR based on the compromise. 3. The informant’s statement was recorded on 8.7.2026, in which she stated that she had entered into a compromise with the petitioners/accused voluntarily without any in?uence from any person and she does not want to proceed further with the matter after the compromise. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The o3ences punishable under Sections 79, 352, and 115(2) of BNS are compoundable under Section 359. Section 359(3) provides that when an o3ence is compoundable, and a person is liable under Section 3(5) of BNS, the o3ence may be
3 2026:HHC:35434 compounded. Therefore, the o3ences punishable under Sections 79, 352, 115(2) read with Section 3(5) of BNS can be compounded. 6. The o3ence punishable under Section 74 of BNS corresponds to Section 354 and the o3ence punishable under Section 75 of BNS corresponds to Section 354A of IPC. 7. This Court has quashed the FIR registered for the commission of o3ences punishable under Sections 354 and 354A of the IPC in Vidya Devi Vs. State of HP and others, 2022 STPL 13724 HP, Ameen Vs.
State of HP and others, 2022 STPL 13743 HP, Raj Kumar Vs. State of HP and others, 2022(2) Him. L.R. 1150, Mukesh Kumar and others Vs. State of HP and others 2022 STPL 9742 HP and Sunil Kumar and State of HP and others 2022(1) Him. L.R. 280. These judgments are binding on this Court. 8. In view of these binding precedents, the present petition is allowed and FIR No. 132 of 2025, dated 28.9.2025, registered at Police Station Nadaun, District Hamirpur, HP for the commission of o3ences punishable under Sections 74, 75(2), 79, 352, 115(2) read with Section 3(5) of the BNS and consequential proceedings pending/initiated against the
4 2026:HHC:35434 petitioners-accused in pursuance thereof are ordered to be quashed. 9. Petition stands disposed of in the above terms, so also pending miscellaneous applications, if any. 10. 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 certi,ed copy, but if required, may verify passing of the order from the Website of the High Court. (Rakesh Kainthla)
Judge 21st August, 2026 (Chander)