Sanjay Kalyani and Ors. Vs State of Hp and Another

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No.667 of 2025

Date of Decision: 07.05.2026

____________ ___________________________________________ Sanjay Kumar & others …….Petitioners Versus State of H.P. & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹ For the Petitioners: Mr. Hakam Bhardwaj, Advocate vice Mr. Sushil Chauhan, Advocate. For the Respondents : Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocate Generals with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the respondent-State. Mr. Virender Sharma, Advocate, for respondent No.2. _______________________________________________________ Sandeep Sharma, Judge (oral):

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By way of instant petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, prayer has been made on behalf of the petitioners for quashing of FIR No. 23 of 2022, dated 01.10.2022, under Sections 498-A, 504 and 34 of IPC, registered at Women Police Station, BCS, New Shimla, District Shimla, Himachal Pradesh as well as consequent proceedings pending adjudication in the competent Court of law, on the basis of the compromise arrived inter se parties, whereby both the parties have resolved to settle their dispute amicably interse them.

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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 record are that FIR, sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.2, Smt. Nisha Chandel ( hereinafter referred to as the complainant), who alleged that her marriage was solemnized on 03.11.2021 as per Hindu rites and customs at Shimla. She alleged that from the very first day of her marriage, she was being maltreated and harassed by her husband as well as her in-laws i.e. petitioners No.2 to 5, for bringing less dowry. She further alleged that during her stay at her matrimonial house, she was subjected to beatings by her husband as well as other family members. On account of matrimonial discord, respondent/ complainant was unable to stay at her matrimonial house after one month of marriage and thereafter, she started residing with her parents at Vikas Nagar, Shimla. In the aforesaid background, FIR, sought to be quashed in the instant proceedings, came to be lodged against the petitioners under relevant provisions of law. Though, after completion of the investigation, police has already presented the challan in the competent Court of law, but before same could be taken to its logical end, parties have entered into compromise, whereby they have resolved to settle their dispute amicably interse them. In terms of the compromise, petitioners have undertaken not to indulge in illegal act, including beatings and demanding dowry. Petitioner No.1 has also undertaken to take the respondent/complainant back to her

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matrimonial house with due respect and dignity. In the aforesaid background, petitioners have approached this Court in the instant proceedings for quashing of the FIR as well as consequent proceedings pending in the competent Court of law.

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Pursuant to the notices issued in the instant proceedings, respondent-State has filed status report, which is completely silent about the compromise.

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Respondent/Complainant Smt. Nisha Chandel has come present in Court and is being represented by Mr. Virender Sharma, Advocate. She states that she of her own volition and without there being any external pressure has entered into the compromise with the petitioners, whereby they have resolved to settle their disputes amicably interse them. She states that FIR, sought to be quashed in the instant proceedings, is result of misunderstanding, coupled with the fact that petitioners have apologized for their misbehaviour and misconduct and have undertaken not to repeat such act in future and as such, she shall have no objection in case FIR as well as consequent proceedings pending in the competent court of law, are quashed and set aside and petitioners-accused are acquitted of the charges framed against them. While admitting the contents of the compromise placed on record to be correct, she also admits her signatures upon the same. Her statement is taken on record.

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Mr. Vishal Panwar, learned Additional Advocate General, after having heard the aforesaid statement made by respondent No.2/complainant, fairly states that no fruitful purpose would be served in case FIR as well as consequent proceedings, sought to be quashed, are allowed to sustain. He further states that otherwise also, chances of conviction of petitioners-accused are very remote and bleak in view of the statement made by respondent No. 2/complainant and as such, respondent-State shall have no objection in case the prayer made in the petition is allowed.

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The question which now needs consideration is whether FIR’s in question can be ordered to be quashed when Hon'ble Apex Court i n Narinder Singh and others versu s State of Punjab and another (2014)6 SCC 466 has specifically held that power under S. 482 Cr..PC is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc., since such offences are not private in nature and have a serious impact on society.

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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

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that in para 29.1, Hon’ble Apex Court has returned the findings that power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, 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 the judgment Hon'ble Apex Court has laid down certain parameters to be followed, while compounding offences.

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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

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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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The Hon’ble Apex Court in case Gian Singh supra has

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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 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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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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In the case at hand also, offences alleged to have been committed by petitioners do not involve offences of moral turpitude or any grave/heinous crime, rather same are petty offences, as such, this Court deems it appropriate to quash the FIR as well as consequential proceedings thereto, especially keeping in view the fact that the petitioners and respondent No.2/ complainant have compromised the matter interse 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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Consequently, in view of the aforesaid discussion as well as law laid down by the Hon’ble Apex Court (supra), FIR No. 23 of 2022, dated 01.10.2022, under Sections 498-A, 504 and 34 of IPC, registered at Women Police Station, BCS, New Shimla, District Shimla, Himachal Pradesh as well as consequent proceedings pending adjudication in the competent Court of law, are quashed and

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set aside. Petitioners-accused are acquitted of the charges framed

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against them.

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

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(Sandeep Sharma), Judge May 07 2026 (shankar)

Sanjay Kalyani and Ors. v. State of Hp and Another

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Sanjay Kalyani and Ors. v. State of Hp and Another

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