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Judgment
Rakesh Kainthla, Judge
The petitioner has filed the present petition for quashing of FIR No. 31 of 2026, dated 20.4.2026, registered at Police Station Dhalli, District Shimla, for the commission of an offence punishable under Section 78 of the Bharatiya Nyaya Sanhita (BNS), based on a compromise effected between the parties.
It has been asserted that the petitioner and the victim/informant belong to the same area. They have decided to settle all the disputes between them. The informant/victim does not want to proceed further with the matter after the compromise; hence the petition.
The informant’s statement was recorded on 6.8.2026, in which she stated that she had reported the matter to the police. She had entered into a compromise with the petitioner voluntarily, without any influence from any person, and she did not want to proceed further with the matter after the compromise.
I have heard learned counsel for the parties and have gone through the records carefully.
Section 78 of the BNS corresponds to Section 354D of the Indian Penal Code (IPC). This Court has quashed the FIR registered for the commission of an offence punishable under Section 354D of the IPC in Raj Kumar vs State of HP 2022(2) Him. L.R. 1150, Navneet Mehta vs. State of HP. 2022(1) Him. L.R. 444, Anil Sharma vs. State of HP. 2020 (4) Shim. LC 1899 and Kushal Kumar vs. State of HP. 2020 STPL 5621 HP. These judgments are binding on this Court.
In view of these binding precedents, the present petition is allowed and the FIR No. 31 of 2026, dated 20.4.2026, registered at Police Station Dhalli, District Shimla, for the commission of an offence punishable under Section 78 of BNS is ordered to be quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto are also ordered to be quashed.
Petition stands disposed of in the above terms, so also pending miscellaneous applications, if any.
Parties are permitted to produce a copy of this judgment, downloaded from the webpage of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist on the production of a certified copy, but if required, may verify passing of the order from the Website of the High Court.