Himachal Pradesh High Court
Bal Krishan vs State Of Himachal Pradesh & Another on 28 October, 2024
Author: Virender Singh
Bench: Virender Singh
( 2024:HHC:10434 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No. 900 of 2024
Decided on : 28.10.2024
Bal Krishan ...Petitioner
Versus
State of Himachal Pradesh & Another ...Respondents
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Vikrant Chandel & Mr. Nitin
Bagga, Advocates.
For the respondents : Mr. Rohit Sharma, Deputy Advocate
General for respondents No.1.
Ms. Heena, Advocate, for respondent
No.2.
Virender Singh, Judge (oral).
PetitionerBal Krishan has filed the present
petition, under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'),
for quashing of FIR No.72/2019, dated 01.07.2019
(hereinafter referred to as the FIR, in question), registered
with Police Station, East Shimla, District Shimla, H.P.,
Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 ( 2024:HHC:10434 )
under Sections 323, 324 and 326 of the Indian Penal Code
(hereinafter referred to as the 'IPC'), as well as, the
proceedings resultant thereto, which are stated to be
pending before the Court of learned Judicial Magistrate
First Class, Court No.3, District Shimla, H.P. (hereinafter
referred to as the 'trial Court').
2. The relief of quashing has been sought, on the
basis of the compromise, which has taken place between
the petitioner and respondent No.2.
3. According to the petitioner, on the statement of
respondent No.2, the FIR, in question, has been registered
against him.
4. After registration of the FIR, the police has
conducted the investigation and submitted the report
under Section 173(2) Cr.PC, which is now pending
adjudication before the learned trial Court.
5. According to the petitioner, during the
pendency of the aforesaid case, with the intervention of the
respectables of the society and in order to maintain their
future cordial relations, matter has been compromised
between respondent No.2 and the petitioner.
3 ( 2024:HHC:10434 )
6. The terms and conditions of the compromise
have been reduced into writing, vide compromise deed
Annexure P3.
7. On the basis of the above facts, a prayer has
been made that the FIR, in question, as well as,
proceedings resultant thereto, pending before the learned
trial Court, may kindly be quashed and set aside, by
allowing the petition.
8. When put to notice, respondent No.1State has
filed the status report, mentioning therein the
circumstances, in which, the FIR, in question, has been
registered, at the instance of respondent No.2, as well as,
the manner, in which, the investigation has been
conducted, by the police, in this case.
9. Respondent No.2, who, at one point of time, has
put the criminal machinery into motion, appeared before
this Court on 30.09.2024, and has deposed that he has
compromised the matter with the petitioner voluntarily
within any influence from any person, vide Compromise
Deed Annexure P3. He, in unequivocal terms, has
4 ( 2024:HHC:10434 )
deposed that he has no objection, in case, the present
petition is allowed, as prayed for.
10. Similar type of statement has also been made
by the petitioner, on oath.
11. Heard.
12. The person, who has put the criminal
machinery into motion is respondent No.2. Respondent
No.2, while appearing, before this Court, has categorically
deposed that with the intervention of the respectables of
the society and in order to maintain their future cordial
relations, he has compromised the matter with respondent
No.2.
13. The primary purpose of law is to maintain
peace and harmony in the society. When, the petitioner
and respondent No.2 have buried all the disputes by
compromising the matter, then, permitting the proceedings
to continue, before the learned trial Court, would be
nothing, but, abuse of the process of law.
14. Even otherwise, acceptance of the compromise,
by this Court, will also save the precious judicial time of
the learned trial Court, which, the learned trial Court will
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be in a position to devote for the decision of some other
serious matters, pending before it.
15. Considering all these facts, the petition is
allowed and FIR No.72/2019, dated 01.07.2019, registered
under Sections 323, 324, and 326 of the IPC with Police
Station, East Shimla, District Shimla, H.P., as well as, the
proceedings resultant thereto, pending before the learned
trial Court, are ordered to be quashed.
16. The compromise deed, Annexure P3, and the
statements of the parties, shall form part of the judgment.
17. Pending miscellaneous applications, if any,
shall also stand disposed of accordingly.
( Virender Singh )
Judge
October 28, 2024(ps)
