Ram Lal Vs State of Hp and Another

Keeping in view the no objection of learned Addl. A.G. as well as, learned counsel for respondent No. 2, the application under consideration is allowed and the judgment of conviction and order of sentence,

¶22

passed by the learned trial Court, is ordered to be taken on record. The application is, thus, disposed of.

¶23

Cr. MMO No. 1084 of 2025

¶24

The petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha

¶25

Sanhita, 2023, (hereinafter referred to as ‘the B.N.S.S.) for quashing of FIR No. 22 of 2021, dated 20.3.2021 (hereinafter referred to as ‘the FIR in question’), registered under Sections 354-A and 452 of

¶26

the Indian Penal Code (hereinafter referred to as ‘the IPC’) with Police Station, Nirmand, District Kullu, H.P.

¶27

3

¶28

as well as, the judgment of conviction and order of sentence dated 24.2.2025, passed by the learned trial Court.

¶29

Relief, as claimed for, has been sought on the ground that on 20.3.2021, Police of Police Station, Nirmand, District Kullu, H.P. received a complaint from the complainant, disclosing therein, that she, along with her daughter, resides alone in her house. She has alleged that petitioner entered her house and started doing obscene activities with her. When, she

¶30

tried to resist, the petitioner threatened her. Thereafter, respondent No. 2 lodged the FIR in question against the petitioner. After registration of the FIR, Police has conducted investigation in the matter and filed charge sheet against the petitioner, before the learned trial Court.

¶31

The learned trial Court, vide judgment of conviction and order of sentence, dated 24.2.2025, has convicted the petitioner, for the offences punishable under Sections 354-A and 452 IPC, in the following

¶32

manner:

¶33

4

¶34

Sr.N	o Sections	Imprisonment	In default
. 1.	354-A IPC	Rigorous Imprisonment for a period of one year and to pay a fine of Rs. 5000/-	S.I for six months
2.	452 IPC	Rigorous Imprisonment for a period of one year and to pay a fine of Rs. 5000/-	S.I. for six months

¶35

Aggrieved from the aforesaid judgment of conviction and order of sentence, the petitioner has preferred Cr. Appeal No. 214 of 2025, titled as, ‘Ram Lal versus State of H.P.’ before the learned Sessions Judge, Kinnaur Division, Rampur Bushehar, H.P. (hereinafter referred to as ‘the Appellate Court’). However, during the pendency of the proceedings, before the learned Appellate Court, the matter has been compromised, in pursuance of compromise, Annexure P-3, as the parties are co-villagers and want to maintain cordial relations, in future.

¶36

On all these submissions, a prayer to allow the present petition, by quashing the FIR in question, as well as, the judgment of conviction and order of

¶37

5

¶38

sentence, dated 24.2.2025, passed by the learned trial

¶39

Court, has been made.

¶40

When put to notice, respondent-State has filed reply, disclosing therein, the factual position, about the manner, in which, the FIR in question has been registered and criminal machinery swung into motion.

¶41

It is the further case of respondentState that after completion of investigation, report under Section 173(2) of Cr. P.C. has been submitted before the learned trial Court, which has convicted the petitioner, vide judgment of conviction and order of sentence, referred to above.

¶42

The person, who had put criminal machinery into motion, by making statement under Section 154 Cr. P.C., before the Police, i.e. respondent No. 2, has appeared in Court today and has made a statement, on oath, about the manner, in which, she has lodged the FIR in question and factum of the compromise, which has been effected, between the parties, in order

¶43

6

¶44

to maintain cordial relations between her, and the petitioner, as they are co-villagers.

¶45

Lastly, respondent No. 2, in unequivocal

¶46

terms, has deposed that she does not want to proceed further with the matter.

¶47

Similar type of joint statement has also been made by the petitioner, on oath.

¶48

Heard.

¶49

Complainant/respondent No. 2 has

¶50

categorically stated, in her statement, on oath, that the compromise has been effected between the parties, in order to maintain their cordial relations, in future.

¶51

In view of the compromise deed, Annexure P-3, which bears the signatures of petitioner, and respondent No. 2, respondent No. 2 does not want to proceed further with the case and has no objection, in case, the FIR in question, as well as, the judgment of conviction and order of sentence, passed by the learned trial Court, are quashed and the present petition is allowed.

¶52

7

¶53

In view of above factual position, the question, which arises for determination, before this Court, is whether the compromise, which has admittedly taken place between the parties, after the judgment of conviction, passed by the learned trial Court, can be accepted by this Court, that too while exercising the powers under Section 528 of the BNSS? Answer to this is in affirmative, as the judgment of conviction and order of sentence, passed by the learned trial Court has not attained finality, as admittedly, appeal against the same, is pending before the Court of learned Sessions Judge, Kinnaur Division, Rampur Bushehar, H.P.

¶54

Moreover, the Hon’ble Supreme Court in Ramawatar versus the State of Madhya Pradesh , has elaborately discussed the powers of the High Court under Section 482 Cr. P.C. (528 of BNSS). Relevant paragraph-13 of the judgment is reproduced as under:

¶55

“13. We, however, put a further caveat that the powers under Article 142 or under Section 482 Cr.P.C., are exercisable in postconviction matters only where an appeal is pending before one or the other Judicial forum. This is on the premise that an order of conviction does not attain

¶56

8

¶57

finality till the accused has exhausted his/her legal remedies and the finality is subjudice before an appellate court. The pendency of legal proceedings, be that may before the final Court, is sinequanon to involve the superior court’s plenary powers to do complete justice. Conversely, where a settlement has ensued post the attainment of all legal remedies, the annulment of proceedings on the basis of a compromise would be impermissible. Such an embargo is necessitated to prevent the accused from gaining an indefinite leverage, for such a settlement/compromise will always be loaded with lurking suspicion about its bona fide. We have already clarified that the purpose of these extraordinary powers is not to incentivise any hollowhearted agreements between the accused and the victim but to do complete justice by effecting genuine settlement(s).”

¶58

Judging the facts and circumstances of the present case, in light of decision of Hon’ble Supreme Court in Ramawatar’ s case (supra), this Court is of the view that all the conditions, as enumerated by the Hon’ble Supreme Court, are existing in favour of the parties, in this case.

¶59

Moreover, when, the parties have settled the dispute with regard to FIR in question, then the compromise, which has been entered into between the parties, annexed with the petition as Annexure P-3, should be honoured by this Court, as no useful

¶60

9

¶61

purpose would be served, by keeping the proceedings alive.

¶62

The primary purpose of law is to maintain peace in the society and when, the parties to the lis, i.e. petitioner, and respondent No. 2, have buried all their disputes and compromised the matter, then, the continuation of the criminal proceedings, arising out of FIR in question, lodged by respondent No. 2, would certainly amount to abuse of the process of law.

¶63

Acceptance of the compromise would also save the precious judicial time of the learned Appellate Court, as, the learned Appellate Court would be in a position to devote such time, for deciding some other serious disputes, pending before it.

¶64

Considering all these facts, the present petition is allowed and FIR in question, as well as, the judgment of conviction and order of sentence, dated 24.2.2025, passed by the learned trial Court, are quashed.

¶65

10

¶66