Himachal Pradesh High Court
Manish Kumar Sharma And Another vs State Of Himachal Pradesh on 21 January, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No.64/2025.
Date of Decision: 21 st January, 2025.
Manish Kumar Sharma and another
…..Petitioners.
Versus
State of Himachal Pradesh
…..Respondent
Coram
The Hon’ble Mr. Justice Bipin Chander Negi, Vacation Judge.
Whether approved for reporting?1
For the Petitioners: Mr. Sanjeev Bhushan, Sr. Advocate, with Mr.
C.D. Negi, Advocate.
For the Respondent: Mr. Diwakar Dev Sharma and Mr. Harinder
Rawat Additional Advocates General with Ms.
Swati Draik, Deputy Advocate General.
ASI Rita Kumari, W.P.S. Dharamshala, present
in person.
Bipin Chander Negi, Vacation Judge (oral).
By way of instant petition filed under Section 528 of the BNSS,
a prayer has been made on behalf of the petitioners for quashing of FIR
No.01 of 2025 dated 05.01.2025, under Sections 64, 69 and 351(2) of
BNS, 2023, registered at Women Police Station, Dharamshala District
Kangra, H.P., as well as consequential judicial proceedings arising out of
the same.
2. The averments contained in the petition, which are duly
supported by an affidavit reveal that on 05.01.2025, petitioner No.2 had
got a FIR registered against the petitioner No.1-accused, under Sections
under Sections 64, 69 and 351(2) of BNS, 2023. However, during the
pendency of proceedings, the dispute inter se parties has been settled
1
Whether reporters of Local Papers may be allowed to see the judgment?
2
amicably vide compromise dated 09.01.2025, copy whereof is appended
alongwith the present petition as Exhibit P-1. In terms of the
compromise, Petitioner No.2 got married with petitioner No.1 (Manish
Kumar Sharma) on 08.01.2025. Copy of the marriage certificate duly
attested by the parties is taken on record.
3. Statement of petitioner No.2 stands recorded. She has
categorically stated that she has entered into a compromise of her own
free will, volition and without any pressure. According to the petitioner
No.2, the dispute inter se parties stands amicably settled.
4. I have heard learned counsel for the parties and perused the
record carefully.
5. This Court sees no impediment in quashing the FIR in issue, as
the dispute inter se parties stands amicably resolved.
6. From a perusal of Section 359 of the BNSS (320 Cr.PC), it is
evident that the offences under Section 64 of the BNS, 2023 is not
compoundable.
7. In this respect, attention of this Court has been drawn to a case
titled Narinder Singh and others vs. State of Punjab and another
reported as (2014) 6 Supreme Court Cases, 466, wherein the Apex
Court has categorically laid down that the High Court has inherent power
to quash the criminal proceedings even in those cases, which are not
compoundable, where the parties have amicably settled the matter inter
se them. However, this power is to be exercised sparingly and with
caution, in cases where settlement is arrived at. The guiding factors
3
being securing the ends of justice or to prevent an abuse of the process
of any Court.
8. Further, the Apex Court in Parbatbhai Aahir alias
Parbathbhai Bhimsinghbhai Karmur and others vs. State of
Gujarat and another, (2017) 9 SCC 641 summarizing the broad
principles regarding inherent powers of the High Court under Section 482
Cr.P.C. has recognized that these powers are not inhibited by provisions
of Section 320 Cr.P.C.
9. In view of the fact that the parties have entered into
compromise permitting the proceedings in pursuance to the aforesaid FIR
sought to be quashed to continue would only result into an abuse of
process and the same would not secure the ends of justice.
10. Accordingly, the petition is allowed. FIR No.01 of 2025 dated
05.01.2025, under Sections 64, 69 and 351(2) of BNS, 2023, registered
at Women Police Station, Dharamshala District Kangra, H.P., is quashed
and consequent judicial proceedings arising out of the same are also
quashed.
11. The petition stands disposed of in the above terms, so also the
pending application(s), if any.
(Bipin Chander Negi)
Vacation Judge
21st January, 2025 (tarun)