IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.63 of 2026 Date of Decision: 24.03.2026 _______________________________________________________ Sagar & Ors. …….Petitioners Versus State of H.P. & Ors. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: Mr. Sanjeev Kumar Suri, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the respondent-State. Ms. Abhilasha Kaundal, Advocate, for respondent No.4. _______________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (in short “BNSS”), prayer has been made on behalf of the petitioner-accused (in short “accused”) for quashing of FIR No.102 of 2023, dated 6.7.2023, under Sections 380, 457, 411, 201 and 34 of Indian Penal Code, at Police Station Amb, District Una, H.P., as well as consequent proceedings, if any, pending adjudication in the competent Court of law, on the basis of the compromise arrived inter se parties, whereby they have resolved to settle the dispute amicably inter se them. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. Precisely, the facts of the case, as emerge from the pleadings as well as other material adduced on record by the respective parties are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent/complainant No.4 Mr. Suresh Chand (hereinafter to be referred to as ‘complainant’), who alleged that on 01.07.2023, he along with his family had gone to Mohali. On 06.07.2023, at about 06:30 a.m., his neighbour Rakesh Kumar telephonically informed him that somebody had committed theft in his house at Amb. He alleged that he, after his having reached Amb, found that grill lock of the main door of his house was broken and the lock of the inner room door was also pried open. He alleged that belongings kept in the bed, almirah in the kitchen and room were scattered and he found that air conditioner, Inverter, Washing machine, Refrigerator, two Gass Cylinders, one gas stove, four bathroom taps, ten bed sheets, three iron Kadhais (woks), two silver vessels, one brass paraat, one ceiling fan and one sewing machine installed/kept in the house (valued approximately Rs.90,000-95,000/-) have been stolen by some persons. In the afore background, FIR, sought to be quashed in the instant proceedings, came to be instituted against the unknown persons. However, during investigation, police found that petitioners No.1 & 2 had committed theft from the house of the complainant and 3 petitioner No.3 had purchased the stolen articles from petitioners No.1 & 2. In the afore background, petitioners came to be named in the FIR. 3. Though, after completion of investigation, Police has already presented challan in the competent Court of law against the accused, but before the same could be taken to its logical end, complainant and accused named in the FIR have entered into compromise, whereby they have resolved to settle the dispute amicably intere se them, as such, accused have approached this Court in the instant proceedings, for quashing of FIR as well as consequent proceedings, if any, pending adjudication in the competent court of law. 4. Pursuant to notices issued in the instant proceedings, respondent-State has filed reply under the signatures of SHO Police Station Amb, District Una, Himachal Pradesh, which is totally silent about the compromise arrived inter se parties. 5. Complainant has come present in person and is represented by Ms. Abhilasha Kaundal, Advocate. He states on oath that he of his own volition and without any external pressure has entered into compromise with the accused, whereby both the parties have resolved to settle the dispute amicably inter se them. He states that the since FIR sought to be quashed is a result of 4 misunderstanding and he has been duly compensated qua the articles allegedly stolen by petitioners No.1 & 2, coupled with the fact that accused have already apologized for their behaviour and have undertaken not to repeat such act in future, he does not wish to prosecute the case further and shall have no objection in case, prayer made for quashing of FIR through instant petition is accepted and accused are acquitted of charges framed against them. While admitting the contents of compromise placed on record to be correct, he also admits his signatures thereupon. His statement is taken on record. 6. After having heard aforesaid statement made on oath by the complainant, Mr. Vishal Panwar, learned Additional Advocate General, states that though parties have entered into compromise, but this Court cannot lose sight of the fact that accused have committed heinous crime and in the event of their being discharged, wrong message would go to the society. However, he fairly states that complainant can always withdraw his complaint under Section 379 of Indian Penal Code, as such, chances of conviction of the accused are very remote and bleak on account of statement made by the complainant on oath. 7. The question, which now needs consideration is “whether FIR in question can be ordered to be quashed when Hon'ble Apex 5 Court in Narinder Singh and others versus State of Punjab and another (2014) 6 SCC 466 has specifically held that power under Section 482 Cr.P.C (hereinafter to be referred to as the “Code”) is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society? 8. At this stage, it would be relevant to take note of the judgment passed by Hon'ble Apex Court in Narinder Singh (supra), whereby the Hon’ble Apex Court has formulated guidelines for accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings. Perusal of judgment referred to above clearly depicts that in para 29.1, Hon’ble Apex Court has returned the findings that power conferred under Section 482 Cr.P.C is to be distinguished from the power which lies in the Court to compound the offences under Section 320 Cr.P.C. No doubt, under Section 482 Cr.P.C, the High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable and where the parties have settled the matter between themselves, however, this power is to be exercised sparingly and with great caution. In para Nos. 29 to 29.7 of 6 the judgment Hon'ble Apex Court has laid down certain parameters to be followed, while compounding offences. 9. Careful perusal of para 29.3 of the judgment suggests that such a power is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Apart from this, offences committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly arising out of commercial transactions or arising out of matrimonial relationship or family disputes may be quashed when the parties have resolved their entire disputes among themselves. Aforesaid view taken by Hon'ble Apex Court has been further reiterated in Gian Singh v. State of Punjab and anr. (2012) 10 SCC 303. 10. The Hon’ble Apex Court in case Gian Singh supra has held that power of the High Court in quashing of the criminal proceedings or FIR or complaint in exercise of its inherent power is distinct and different from the power of a Criminal Court to compound the offences under Section 320 Cr.P.C. Even in the judgment passed 7 in Narinder Singh’s case, the Hon’ble Apex Court has held that while exercising inherent power of quashment under Section 482 Cr.P.C the Court must have due regard to the nature and gravity of the crime and its social impact and it cautioned the Courts not to exercise the power for quashing proceedings in heinous and serious offences of mental depravity, murder, rape, dacoity etc. However subsequently, the Hon’ble Apex Court in Dimpey Gujral and Ors. vs. Union Territory through Administrator, UT, Chandigarh and Ors. (2013) 11 SCC 497 has further reiterated that continuation of criminal proceedings would tantamount to abuse of process of law because the alleged offences are not heinous offences showing extreme depravity nor are they against the society. Hon'ble Apex Court further observed that when offences of a personal nature, burying them would bring about peace and amity between the two sides. 11. Hon’ble Apex Court in its judgment dated 4th October, 2017, titled as Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and Another, passed in Criminal Appeal No.1723 of 2017 arising out of SLP(Crl) No.9549 of 2016, reiterated the principles/ parameters laid down in Narinder Singh’s case supra for accepting the settlement and quashing the proceedings. 8 12. In the case at hand also, offences alleged to have been committed by the accused do not involve offences of moral turpitude or any grave/heinous crime, rather same are petty offences, as such, this Court deems it appropriate to quash the FIR as well as consequential proceedings thereto, especially keeping in view the fact that the accused and complainant have compromised the matter inter se them, in which case, possibility of conviction is remote and no fruitful purpose would be served in continuing with the criminal proceedings. 13. Consequently, in view of the aforesaid discussion as well as law laid down by the Hon’ble Apex Court (supra), FIR No.102 of 2023, dated 6.7.2023, under Sections 380, 457, 411, 201 and 34 of Indian Penal Code, at Police Station Amb, District Una, H.P., as well as consequent proceedings, if any, pending adjudication in the competent court of law are quashed and set aside. Accused are acquitted of the charges framed against them. 14. The petition stands disposed of in the aforesaid terms, alongwith all pending applications. (Sandeep Sharma), Judge March 24, 2026 (sunil)