IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 988 of 2025 a/w Cr. Appeal (C-SB) No. 12 of 2025 Decided on : 19.11.2025 Cr. MMO No. 988 of 2025 Devender Kumar @ Dhani Ram & Ors. …Petitioners Versus State of H.P. & Anr. t …Respondents Cr. Appeal (C-SB) No. 12 of 2025 Devender Kumoar @ Dhani Ram & Ors. …Appellants Versus State of H.P. …Respondent ______ _____________________________________________________

Coram The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1 Cr. MMO No. 988 of 2025 For the petitioners : All petitioners in person, with Mr. Narendra Guleria, Advocate.

For the respondents : Mr. Tejasvi Sharma, Additional A.G., with Ms. Ranjana Patial, Deputy A.G. for respondent No.1/State.

1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

Respondent No. 2 in person with Mr. K.R. Kashyap, Advocate.

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Cr. Appeal (C-SB) No. 12 of 2025 For the appellants : All appellants in person, with Mr. Narendra Guleria, Advocate.

For the respondent : M r. Tejasvi Sharma, Additional A.G., with Ms. Ranjana Patial, rDeputy A.G. for the respondent/State.

Virender Singh, Judge (Oral)

Petitioners have approached this Court, by way of Cr. MMO No. 988 of 2025, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No. 69/2022 dated 21.02.2022, (hereinafter referred to as “FIR in question”) registered under Section 3(1)(zc) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as “SC&ST (POA) Act”), with Police Station Balh, District Mandi, H.P., along with judgment of conviction and order of sentence, dated 05.08.2025, passed by learned Special Judge (Family Court) Mandi, District Mandi, H.P. (hereinafter referred to as “the trial Court”), on the basis of the compromise, which is stated to have taken place between the petitioners and respondent No. 2.

2. It is the case of the petitioners, in Cr. MMO No. 988 of 2025, that the FIR in questionf was registered at the instance of respondent No. 2, in which, she had alleged that she belongs to the Sctheduled Caste community and had solemnized inter-caste marriage with Gopal Singh. The marriage was not socially accepted by the accused persons-petitioners, who are close relatives. The complainant-respondent No. 2 had been socially boycotted, ohn account of her scheduled caste status and she was gdeliberately excluded from participating in family rituals.

i3. On the basis of above facts, police registered the FIR in question and criminal machinery swung into motion.

4. As stated above, after completion of the investigation, police has filed the charge sheet against the petitioners in the Court. On 05.08.2025, the learned trial Court, has convicted the petitioners for the offence punishable under Section 3(1)(zc) of the SC&ST (POA) Act and they have been sentenced to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs. 5,000/- each. In default of payment of fine, they have been directed to further undergo simple imprisonment for six months. f

5. Against the judgment of conviction and order of sentence dated 05.08.2025t, passed by learned trial Court, the petitioners in Cr. MMO No. 988 of 2025, have filed Criminal Appeal No. 12 of 2025, before this Court.

6. As per the case of the petitioners-appellants, now the matter has been settled between the parties, as, thhey are from the same family. The terms and conditions gof the compromise were reduced into writing and the same ihas been annexed with Cr. MMO No. 988 of 2025, as Annexure P-4. On the basis of Annexure P-4, a prayer has been made to allow the Cr.MMO No. 988 of 2025 and Cr. Appeal No. 12 of 2025, by quashing the FIR in question, as well as, judgment of conviction and order of sentence dated

05.08.2025, passed by the learned trial Court.

7. When put to notice, respondent No. 1-State has filed the status