Keshav Gupta And Others vs State Of Himachal Pradesh And Another

Sandeep Sharma, J

By way of present petition filed under Section 528 of the BNSS, 2023, prayer has been made by the petitioners-accused for quashing of FIR No.26 dated 16.07.2025, registered at Women Police Station Una, District Una, Himachal Pradesh, under Sections 85, 351(2), 352, 74, 3(5) of the BNS, along with consequential proceedings pending in the competent Court of law.

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-Ms. Sajni Kumari (hereinafter, 'complainant'), who alleged that her marriage was solemnised with petitioner No.1-Keshav Gupta on 07.10.2022 as per Hindu rites and ceremonies and since then, she has been constantly harassed and tortured for bringing less dowry. Besides above, she also alleged that during her stay at matrimonial house, she was given beatings on very trivial issues. Since on account of aforesaid matrimonial discord, parties were unable to live together, complainant started living separately since 17.03.2025, and thereafter, petitioner No.1 also initiated divorce proceedings under the Hindu Marriage Act in the competent Court of law. In the afore background, FIR, detailed hereinabove, came to be lodged against the petitioners.

Though after completion of investigation, Police has already presented 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 decided to settle their dispute amicably inter se them.

In terms of compromise, petitioner No.1 as well as complainant have decided to get their marriage dissolved by way of mutual consent under Section 13(B) of the Hindu Marriage Act. In terms of compromise, sum of ₹32,00,000/- is to be paid to the complainant as well as her minor son. Out of ₹32,00,000/-, ₹16,00,000/- is being paid to the complainant by way of two demand drafts of ₹8,00,000/- each and another sum of ₹8,00,000/- shall be paid in the name of complainant at the time of her making statement of first motion under Section 13(B) of the Hindu Marriage Act. Remaining sum of ₹8,00,000/- shall be paid in the name of her minor son at the time of her making statement of second motion. In afore background, petitioners have approached this Court in the instant proceedings for quashing of FIR as well as consequent proceedings pending in the competent Court of law.

In terms of order passed by this Court, respondent-State has filed status report, which is completely silent about compromise. Complainant has come present and is being represented by Ms. Shrutika, Advocate. Complainant states on oath that she of her own volition and without there being any external pressure, has entered into compromise with the petitioners/accused, whereby they have decided to settle their dispute amicably inter se them. She states that FIR sought to be quashed in the instant proceedings is result of misunderstanding, coupled with the fact that petitioners have already apologized for their misbehavior and have undertaken not to repeat such act in future. She states that since she as well as petitioner No.1 have already decided to get their marriage dissolved by way of mutual consent and in terms of compromise, she has already received some amount, she do not wish to prosecute the case further and shall have no objection in case FIR in question as well as consequential proceedings pending in the competent Court of law are quashed and set aside and the petitioners are acquitted of the offences alleged in the FIR. She further states that in view of aforesaid agreement arrived inter se them, she shall have no claim of any kind against the petitioners and all the Court cases, if any, filed by her, shall be withdrawn immediately, failing which she shall render herself liable for penal consequences as well as contempt of Court. While admitting contents of the compromise to be correct, she also admits her signatures thereupon. Her statement made on oath is also taken on record.

Having heard statement made on oath by complainant, Mr. Rajan Kahol, learned Additional Advocate General, 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, rather that would unnecessarily widen the rift inter se petitioners and complainant. He further states that otherwise also, chances of conviction of petitioners-accused are very remote and bleak on account of the amicable settlement arrived inter se parties and as such, this Court may pass appropriate orders.

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 S. 482 CrPC 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.

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 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.

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.

The Hon'ble Apex Court in Gian Singh v. State of Punjab and anr. (2012) 10 SCC 303 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 for compounding offences under Section 320 Cr.PC. 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.PC 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.

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.

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 parties have compromised the matter inter se them, in which case, possibility of conviction is remote/bleak and no fruitful purpose would be served in continuing with the criminal proceedings.

Since parties have compromised the matter with each other and respondent No.2, at whose instance FIR sought to be quashed in the instant proceedings came to be lodged, is no more interested in pursuing the criminal prosecution of the petitioners, this Court sees no impediment in accepting the prayer made on behalf of the petitioners for quashing of the FIR along with all consequential proceedings.

Consequently, in view of the aforesaid discussion as well as law laid down by the Hon'ble Apex Court (supra), FIR No.26 dated 16.07.2025, registered at Women Police Station Una, District Una, Himachal Pradesh, under Sections 85, 351(2), 352, 74, 3(5) of the BNS, along with consequential proceedings is quashed and set aside. Accused are acquitted of the charges framed against them.

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