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Bhag Singh v. State of Hp and Others

Criminal law – Quashing of FIR on compromise

Himachal Pradesh HC12 May 2026CRMMO/393/2026

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Case brief

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What is this about?

HP High Court, Shimla (Sandeep Sharma, J.), Cr.MMO No.393 of 2026, decided 12.05.2026: quashing of FIR No.374/2024 u/s 75 Bharatiya Nyaya Sanhita (outraging modesty), PS Nalagarh, Solan, on inter se compromise; petition u/s 528 BNSS; offences held petty, not heinous; guidelines in Narinder Singh (2014) 6 SCC 466, Gian Singh (2012) 10 SCC 303, Dimpey Gujral (2013) 11 SCC 497, Parbatbhai Aahir applied; FIR quashed, accused acquitted.

What did the court decide?

FIR No.374 of 2024 dated 17.12.2024 (Section 75 Bharatiya Nyaya Sanhita, Police Station Nalagarh) and consequent proceedings quashed and set aside; accused acquitted of charges framed against him; petition disposed of along with all pending applications. ¶¶29

Bhag Singh Vs State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the FIR in question can be ordered to be quashed on the basis of compromise between the parties, given the Hon'ble Apex Court's ruling that the inherent power under Section 482 Cr.P.C is not to be exercised in cases involving heinous and serious offences of mental depravity such as murder, rape and dacoity.

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Court's answer

The offences alleged against the accused do not involve moral turpitude or any grave/heinous crime but are petty offences; therefore, especially in view of the compromise arrived at inter se the accused, complainant and victim-prosecutrix, the remote possibility of conviction and the absence of any fruitful purpose, this Court deemed it appropriate to quash the FIR and the consequential proceedings thereto.

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Ratio / Principle

FIR No.374 of 2024, dated 17.12.2024, under Section 75 of Bharatiya Nyaya Sanhita registered at Police Station Nalagarh, Police District Baddi, District Solan, Himachal Pradesh, and all consequent proceedings, if any, pending in the competent court are quashed and set aside, and the accused is acquitted of the charges framed against him.

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Detailed headnote1 paragraphs

Criminal law – Quashing of FIR on compromise – Petition under Section 528 Bharatiya Nagrik Suraksha Sanhita for quashing FIR No.374 of 2024 (Section 75 Bharatiya Nyaya Sanhita), Police Station Nalagarh, District Solan, alleging indecent behaviour and attempt to outrage modesty of complainant's niece – Challan filed, but parties thereafter compromised; complainant and victim-prosecutrix affirmed the voluntary compromise on oath and raised no objection – Held, offences alleged were petty, involving neither moral turpitude nor grave/heinous crime; possibility of conviction remote and continuance fruitless – Relying on Narinder Singh v. State of Punjab (2014) 6 SCC 466, Gian Singh v. State of Punjab (2012) 10 SCC 303, Dimpey Gujral v. UT Chandigarh (2013) 11 SCC 497 and Parbatbhai Aahir (Criminal Appeal No.1723 of 2017), FIR and consequent proceedings quashed and accused acquitted.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No.393 of 2026 Date of Decision: 12.05.2026

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_______________________________________________________ Bhag Singh …….Petitioner Versus State of H.P. & Anr. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹

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For the Petitioner: Ms. Dhanvanti Devi, Advocate. For the Respondents : Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for respondent No.1State. Ms. Kamlesh Kumari, Advocate, for respondent No.2.

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_______________________________________________________ Sandeep Sharma, Judge (oral):

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By way of instant petition filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, prayer has been made on behalf of the petitioner-accused (in short “ accused ”) for quashing of FIR No.374 of 2024, dated 17.12.2024, under Section 75 of Bharatiya Nyaya Sanhita, registered at Police Station Nalagarh, Police District Baddi, District Solan, Himachal Pradesh, as well as consequent proceedings pending adjudication before competent Court of law.

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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2. Precisely, the facts of the case, as emerge from the pleadings as well as other material adduced on record by the respective parties are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2, Mr.

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Pawan Kumar (in short “complainant”), who alleged that on 11.12.2024, petitioner herein had given lift to his niece i.e. respondent No.3 (in short “ victim-prosecutrix ” ), who at relevant time, was returning home, but while on the way, he not only behaved indecently, but also attempted to outrage modesty of his niece, as such, appropriate action be taken in accordance with law. In afore background, FIR sought to be quashed came to be lodged against the accused.

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3. Though, after completion of investigation, Police has already presented challan in the competent Court of law against the accused, but before the same could be taken to its logical end, parties to the lis have entered into compromise, whereby they have resolved to settle the dispute amicably inter se them, as such, accused has approached this Court in the instant proceedings, for quashing of FIR as well as consequent proceedings, if any, pending adjudication in the competent court of law.

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4. Though time was granted to the respondent-State to file status report, but the same has not been filed. Complainant and victim-prosecutrix have come present in person and are represented

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by Ms. Kamlesh Kumari, Advocate. They state on oath that they of their own volition and without any external pressure have entered into compromise with the accused, whereby both the parties have resolved to settle the dispute amicably inter se them. They state that since accused has already apologized for his misbehaviour and has undertaken not to repeat such act in future, they do not wish to prosecute the case further and shall have no objection in case, prayer made for quashing of FIR through instant petition is accepted and accused is acquitted of charges framed against him. While admitting the contents of compromise placed on record to be correct, they also admit their signatures thereupon. Their statements are taken on record.

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5. After having heard aforesaid statements made on oath by the complainant and the victim-prosecutrix, Mr. Vishal Panwar, learned Additional Advocate General, fairly states that no fruitful purpose would be served in case FIR as well as consequent proceedings pending adjudication in the competent court of law are allowed to sustain, rather pendency of the same may further widen the rift inter se parties. He further states that otherwise also, chances of conviction of the accused are very remote and bleak on account of statements made by the complainant and the victim-prosecutrix on oath, as such, this court may proceed to pass appropriate orders.

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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 Cr.P.C (hereinafter to be referred to as the “ Code ”) is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society?

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7. At this stage, it would be relevant to take note of the judgment passed by Hon'ble Apex Court in Narinder Singh (supra), whereby the Hon’ble Apex Court has formulated guidelines for accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings. Perusal of judgment referred to above clearly depicts that in para 29.1, Hon’ble Apex Court has returned the findings that power conferred under Section 482 Cr.P.C is to be distinguished from the power which lies in the Court to compound the offences under Section 320 Cr.P.C. No doubt, under Section 482 Cr.P.C, the High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable and where the parties have settled the matter between themselves, however, this power is to be exercised sparingly and with great caution. In para Nos. 29 to 29.7 of

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the judgment Hon'ble Apex Court has laid down certain parameters to be followed, while compounding offences.

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8. Careful perusal of para 29.3 of the judgment suggests that such a power is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Apart from this, offences committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly arising out of commercial transactions or arising out of matrimonial relationship or family disputes may be quashed when the parties have resolved their entire disputes among themselves. Aforesaid view taken by Hon'ble Apex Court has been further reiterated in Gian Singh v. State of Punjab and anr. (2012) 10 SCC 303.

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9. The Hon’ble Apex Court in case Gian Singh supra has held that power of the High Court in quashing of the criminal proceedings or FIR or complaint in exercise of its inherent power is distinct and different from the power of a Criminal Court to compound the offences under Section 320 Cr.P.C. Even in the judgment passed in Narinder Singh’s case, the Hon’ble Apex Court has held that while

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exercising inherent power of quashment under Section 482 Cr.P.C the Court must have due regard to the nature and gravity of the crime and its social impact and it cautioned the Courts not to exercise the power for quashing proceedings in heinous and serious offences of mental depravity, murder, rape, dacoity etc. However subsequently, the Hon’ble Apex Court in Dimpey Gujral and Ors . vs. Union Territory through Administrator, UT, Chandigarh and Ors . (2013) 11 SCC 497 has further reiterated that continuation of criminal proceedings would tantamount to abuse of process of law because the alleged offences are not heinous offences showing extreme depravity nor are they against the society. Hon'ble Apex Court further observed that when offences of a personal nature, burying them would bring about peace and amity between the two sides.

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10. Hon’ble Apex Court in its judgment dated 4th October, 2017, titled as Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and Another , passed in Criminal Appeal No.1723 of 2017 arising out of SLP(Crl) No.9549 of 2016, reiterated the principles/ parameters laid down in Narinder Singh’s case supra for accepting the settlement and quashing the proceedings.

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11. In the case at hand also, offences alleged to have been committed by the accused do not involve offences of moral turpitude or any grave/heinous crime, rather same are petty offences, as such,

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this Court deems it appropriate to quash the FIR as well as consequential proceedings thereto, especially keeping in view the fact that the accused, complainant and the victim-prosecutrix have compromised the matter inter se them, in which case, possibility of conviction is remote and no fruitful purpose would be served in continuing with the criminal proceedings.

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12. Consequently, in view of the aforesaid discussion as well as law laid down by the Hon’ble Apex Court (supra), FIR No.374 of 2024, dated 17.12.2024, under Section 75 of Bharatiya Nyaya Sanhita, registered at Police Station Nalagarh, Police District Baddi, District Solan, Himachal Pradesh, as well as consequent proceedings, if any, pending adjudication in the competent court of law are quashed and set aside. Accused is acquitted of the charges framed against him.

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The petition stands disposed of in the aforesaid terms, alongwith all pending applications.

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(Sandeep Sharma), Judge

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May 12, 2026 (sunil)

Bhag Singh v. State of Hp and Others

Case brief

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Bhag Singh v. State of Hp and Others

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