Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 340

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIRENDER SINGH, J.
Dinesh Kumar Kaushal and Others - Appellants
Versus
State of Himachal Pradesh and Another - Respondents
CRMMO No. 294 of 2025
Decided On : 14-05-2025

Advocates:
Advocate Appeared:
For the Appellants : Ashwani Pathak, Dev Raj
For the Respondents: Mohinder Zharaick, Varun Chandel, H.S. Rawat, Rohit Sharma, Chander Shekhar Thakur

A compromise between parties in a criminal case can lead to quashing of FIR when the complainant exonerates the accused, preventing abuse of legal process.

Headnote:
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Indian Penal Code, 1860 - Sections 498-A, 504, 506, and 406 - Quashing of FIR - Petitioners sought quashing of FIR based on a compromise between parties after marriage disputes arose - Respondent No.2 exonerated petitioners, stating the matter was compromised voluntarily - Court found continuation of proceedings would be an abuse of process of law. (Paras 1, 2, 11, 17, 21)

(B) Compromise in Criminal Proceedings - The primary purpose of law is to maintain peace and harmony in society, and acceptance of compromise saves judicial time. (Paras 19, 20)

Facts of the case:
Petitioners filed for quashing FIR No.46 of 2023 under IPC sections after a compromise was reached post-marriage disputes. Respondent No.2 confirmed the compromise and expressed no desire to proceed with the FIR. (Paras 3, 11)

Findings of Court:
The court allowed the petition, quashing the FIR and resultant proceedings, recognizing the genuineness of the compromise. (Paras 21)

Issues: Whether the FIR should be quashed based on the compromise between the parties. (Para 17)

Ratio Decidendi: The court ruled that when the complainant exonerates the accused and states the matter has been compromised, the prosecution's chances of success diminish, warranting quashing of the FIR. (Paras 17, 18)

Result: Petition allowed, FIR quashed.

JUDGMENT :

Virender Singh, J.

1. Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No.46 of 2023, dated 06.12.2023, (hereinafter referred to as the FIR, in question), registered with Women Police Station, Una, District Una, H.P. under Sections 498-A, 504, 506 and 406 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 Chief Judicial Magistrate, Una, District Una, H.P., (hereinafter referred to as the ‘trial Court’).

2. The relief of quashing has been sought on the basis of the compromise, effected between the parties.

3. According to the petitioners, the marriage of petitioner No.3 was solemnized with respondent No.2, as per Hindu rites and rituals, on 21.05.2023. Thereafter, some matrimonial dispute has arisen between petitioner No.3 and respondent No.2. Subsequently, respondent No.2 has lodged the FIR, in question, against the petitioners.

4. It is the case of the petitioners that after registration of FIR, the police has investigated the matter and the final report, under Section 173(2) of CrPC, has been submitted, which is pending adjudication, before the learned trial Court.

5. It is the further case of the petitioners that thereafter, a petition, under Section 13-B of the Hindu Marriage Act, was filed, before the Court of learned Additional Principal Judge-III, Family Court, Una, District Una, H.P., for dissolution of the marriage of petitioner No.3 and respondent No.2, by decree of divorce by way of mutual consent. The said petition was allowed by the learned Additional Principal Judge-III, Family Court, Una, District Una, vide judgment dated 19.03.2025.

6. According to the petitioners, thereafter, the matter has been compromised between both the parties, vide Annexure P-3.

7. On the basis of the said compromise, a prayer has been made to allow the petition, as prayed for, by quashing the FIR, in question, as well as, proceedings resultant thereto, pending before the learned trial Court.

8. When, put to notice, respondent No.1-State 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. Today, respondent No.2-complainant has made a statement, on oath, (through video conferencing) that her marriage was solemnized with petitioner No.3 on 21.05.2023. After the marriage, due to non-compatibility of temperament, it was not possible for her to live in the matrimonial home with her husband (petitioner No.3) and due to all these facts, she lodged the FIR, in question, against the petitioners.

10. As per further deposition of respondent No.2, petitioner No.3 had filed the petition, under Section 13-B of the Hindu Marriage Act, for dissolution of her marriage with petitioner No.3, by way of decree of divorce, before the Court of learned Additional Principal Judge-II, Family Court, Una, District Una, H.P. The said petition was allowed, vide judgment dated 19.03.2025 (Annexure-P-4).

11. Respondent No.2 has further deposed that her marriage with petitioner No.3 has now been dissolved and the matter has been compromised between her and the petitioners, as such, she does not want to proceed further with the FIR, in question.

12. Apart from this, respondent No.2 has also shown her voluntariness and willingness to enter into the compromise with the petitioners, by stating that she has entered into the compromise with the petitioners voluntarily and without any influence from any person.

13. In addition to this, respondent No.2 has made no objection, in case, the present petition is allowed and the FIR, in question, as well as, the resultant proceedings, thereto, are quashed.

14. Today i.e. on 14.05.2025, similar sta

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