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2026 Supreme(Online)(HP) 3921

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sandeep Sharma, J
LALIT GOYAL – Appellant
Versus
THE STATE OF HP AND OTHERS – Respondent
CrMMO No.683 of 2026



Advocates:
For the Appellants/Petitioners: Manish Kumar
For the Respondents: Rajan Kahol, Vishal Panwar, Ravi Chauhan, Anish Banshtu, Ashok Kumar

The High Court can exercise its inherent powers to quash criminal proceedings based on a compromise if the offences are not heinous or of mental depravity, and where the dispute is personal in nature, ensuring peace and amity between parties.

Headnote:The petitioner sought quashing of FIR No. 0053 registered under Sections 126(2), 115(2), 351, and 351(1) of the Bharatiya Nyaya Sanhita, 2023, following a compromise between the parties. The case arose from an incident where the petitioner allegedly abused and assaulted the complainant's son during a cultural program. The court noted that the complainant had voluntarily entered into a settlement and no longer wished to prosecute the matter. The court examined whether the inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 CrPC) could be exercised to quash proceedings based on a compromise. Relying on the guidelines in Narinder Singh and others versus State of Punjab and another, the court reasoned that while such powers cannot be used for heinous crimes of mental depravity (e.g., murder, rape), they can be applied to offences of a personal nature where continuation of proceedings would be an abuse of process and where the possibility of conviction is remote. Consequently, in view of the aforesaid discussion as well as law laid down by the Hon’ble Apex Court (supra), FIR No. 0053, dated 8.3.2026, registered at Police Station Paonta Sahib, District Sirmaur, Himachal Pradesh, under Sections 126(2), 115(2), 351 and 351 (1) of the Bharatiya Nyaya Sanhita, 2023, is quashed and set aside. Accused is acquitted of the charges framed against him.

Table of Content
1. petition for quashing fir based on a voluntary compromise between the accused and the complainant. (Para 1 , 2 , 3 , 4 , 5)
2. application of judicial guidelines to distinguish between compoundable offences and heinous crimes for quashing. (Para 6 , 7 , 8 , 9 , 10)
3. quashing of proceedings for non-heinous, personal offences where conviction is unlikely and parties have settled. (Para 11 , 12 , 13 , 14)

Whether approved for reporting?

Sandeep Sharma, J.
(Oral)

By way of present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, prayer has been made by the petitioner-accused for quashing of FIR No. 0053, dated 8.3.2026, registered at Police Station Paonta Sahib, District Sirmaur, Himachal Pradesh, under Sections 126(2), 115(2), 351 and 351 (1) of the Bharatiya Nyaya Sanhita, 2023, along with consequential proceedings pending in the competent court of law, on the basis of compromise.

2. Precisely, facts of the case, as emerge from the record, are that the FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.4-complainant, alleging therein. that on 8.3.2026, he along with his family had gone to see a cultural program at Paontasahib and while they were sitting in the show of celebrity named Babbu Maan, accused named in the FIR, who was sitting next to the seat of his son, started hurling abuses and gave merciless beatings to his son. Complainant alleged that accused, who was under the influence of liquor, also extended threats and made c asteist remarks. In the aforesaid background, FIR sought to be qruashed came to be registered against the petitioner, but before same could be taken to its logical end, parties entered into compromise, wheoreby they have resolved to settle their dispute amicably inter-seC them, as such, petitioner has approached this Court in the instant proceedings for quashing of FIR as well as consequent proceedinhgs pending in the competent court of law.

3. Pursuant to directions issued by this Court, respondent-State has filed status report under the signature of SHO PS Paontashib, dated 5.7.2026, wherein factum of compromise has been duly acknowledged. Along with aforesaid compromise, statements given by the complainant as well as petitioner have also been placed on record suggestive of the fact that both the parties have settled their dispute amicably.

4. Beside above, complainant has also come present and is being represented by Mr. Ashok Kumar, Advocate. Complainant states on oath that he of his own volition and without there being any external pressure has entered into compromise, whereby parties have resolved to settle their dispute amicably. He stated that since FIR is a result of misunderstanding, coupled with the fact that petitioner has already apologized for his behavior and undertaken not to repeat such mistake in future, he does not wish to prosecute the case further and rshall have no objection in case FIR along with consequential proceedings is quashed and set aside and petitioner-accused is acquitted oof the charges framed against him. While admitting contents of the cCompromise to be correct, he also admitted his signature thereupon.

5. Having perused statement made on oath by respondent No.4, Mr.g Ravi Chauhan, learned Deputy Advocate General, fairly stated that no fruitful purpose will be served in case FIR as well consequent proceedings are allowed to continue against the petitioner. He further stated that otherwise also, chances of conviction are remote and bleak, on account of statement made by complainant, as such, this court can pass appropriate orders.

6. The question which now needs consideration is whether FIR in question can be ordered to be quashed when Hon'ble Apex Court in Narinder Singh and others versus State of Punjab and another (2014) 6 SCC 466 has specifically held that power under Section 482 CrPC (now Section 528 BNSS) is not to be exercised i

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