Himachal Pradesh High Court
Reserved On: 17.10.2024 vs State Of H.P. & Others on 25 October, 2024
2024:HHC:10294
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No. 882 of 2024
Reserved on: 17.10.2024
Date of Decision: 25.10.2024.
Himanshu & others
....Petitioners
Versus
State of H.P. & others
....Respondents
Coram
Hon'ble Mr Justice Rakesh Kainthla, Judge.
Whether approved for reporting? No.
For the petitioners : Mr. Jagat Pal, Advocate.
For the respondents : Ms. Aushi Negi, Deputy Advocate
General for respondents No.1 to
3/State.
:
Mr. Harish Kumar, Advocate, for
respondent No.4.
Rakesh Kainthla, Judge
The present petition has been filed under Section under
Section 528 of Bhartiya Nagarik Surksha Sanhita,2023 (BNSS) for
quashing of F.I.R. 119 of 2024, dated 07.07.2024, registered for the
commission of offences punishable under Sections 115(2), 126(2) &
Section 3(5) of Bhartiya Nayay Sanhita (BNS), 2023 at Police Station
Majra, District Sirmour, Himachal Pradesh and consequent proceedings
_______________
Whether reporters of the local papers may be allowed to see the judgment? Yes
2024:HHC:10294
arising out of the said F.I.R based on compromise effected between the
parties.
2. It has been asserted that the matter has been compromised
between the parties. The petitioners had registered a cross F.I.R. No. 120
of 2024, dated 07.07.2024, which has also been compromised between
the parties. The parties have agreed not to prosecute the respective
F.I.Rs. registered by them. Hence, the petition.
3. Statements of informant Yogesh Kumar and victims Sher
Singh and Kamaljeet Kaur were recorded on 16.09.2024 in which they
stated that the matter had been compromised between them voluntarily
without any influence from any person and they have no objection, in
case the FIR lodged against the petitioners/accused is ordered to be
quashed based on the compromise.
4. I have heard learned counsel for the parties and have gone
through the records carefully.
5. As per Section 359 of Bharatiya Nagarik Suraksha Sanhita,
2023(for short "BNSS") offences punishable under Sections 115(2) and
Section 126(2) are compoundable without the permission of the Court. As
per Section 359(3) of BNSS when the offences are compoundable, the
offence under Section 3(5) of BNS can also be compounded. Since the
matter has arisen from the cross F.I.R., therefore, the F.I.R. can be
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quashed without relegating them to the learned Trial Court because as
per the compromise both the matters are to be settled together.
6 In view of the above, the petition is allowed and F.I.R. No. 119
of 2024, dated 07.07.2024, registered for the commission of offences
punishable under Sections 115(2), 126(2) & Section 3(5) of Bhartiya
Nayay Sanhita (BNS), 2023 at Police Station Majra, District Sirmour,
Himachal Pradesh is ordered to be quashed. Consequent upon the
quashing of FIR, criminal proceedings pending/initiated against the
petitioners-accused in pursuance thereto, are also ordered to be
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 said authorities shall not insist
on the production of a certified copy but if required, may verify passing
of the order from Website of the High Court.
(Rakesh Kainthla)
Judge
25th October, 2024
(ravinder)
