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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Vishwa Mohan Dev Chauhan – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. fir quashing petition based on amicable compromise. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. state opposes quashing heinous section 69 bns offence. (Para 7 , 8 , 9) |
| 3. section 69 bns punishes non-rape deceitful sexual intercourse. (Para 10 , 11) |
| 4. s482 crpc quashing sparingly for non-heinous offences. (Para 12 , 13 , 14 , 15) |
| 5. no absolute bar to quash serious offences on settlement. (Para 16 , 17) |
| 6. compromise justifies quashing where conviction remote. (Para 18 , 19) |
| 7. fir and proceedings quashed; accused acquitted. (Para 20 , 21) |
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition, prayer has been made by the petitioner for quashing of FIR No.301 of 2025, dated 23.9.2025, under Sections 69 and 351 (ii) of Bharatiya Nyaya Sanhita, 2023 (in short the “BNS”), registered with Police Station Una Sadar, Tehsil and District Una, Himachal Pradesh, as well as consequent proceedings, if any, pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties (Annexure P-2), whereby parties have resolved to settle their dispute amicably inter-se them.
2. Though vide order dated 7.1.2026, this Court had directed respondent-State to file status
High Court quashed FIR under Section 69 BNS on compromise as offence (sexual intercourse by deceitful promise of marriage, not rape) not heinous; voluntary victim settlement secures justice, prevents....
Dealing With a Plea That Dispute Has Been Settled - In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard....
High Court may quash FIRs alleging rape and kidnapping via inherent powers on compromise, especially retaliatory cross-cases, to prevent abuse of process and foster harmony, despite offence gravity, ....
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
High Court quashed FIR for non-compoundable non-consensual sexual intercourse offence on victim-accused compromise and her court statement, as conviction remote, trial futile, securing ends of justic....
High Court may quash FIR under serious sexual offence on compromise and marriage if relations consensual, misunderstanding caused FIR, early trial stage, preventing abuse of process and promoting har....
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure ends of justice.
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