Himachal Pradesh High Court
Kulwinder Kaur vs State Of H.P on 25 March, 2026
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No.1148 of 2025
Date of Decision: 25.03.2026
.
_______________________________________________________
Kulwinder Kaur
…….Petitioner
Versus
State of H.P.
….Respondent
_______________________________________________________
Coram:
of
Hon’ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1 Yes.
For the Petitioner: rt Mr. Sanjay Jaswal, Advocate.
For the Respondent: Mr. Rajan Kahol & Mr. Vishal Panwar,
Additional Advocates General with Mr. RaviChauhan & Mr. Anish Banshtu, Deputy
Advocates General.
_______________________________________________________
Sandeep Sharma, Judge(oral):
By way of instant petition filed under Section 528 of
Bharatiya Nagrik Suraksha Sanhita, 2023 (in short “BNSS”), prayer
has been made on behalf of the petitioner for quashing of FIR No.48
of 2020, dated 20.04.2020, under Sections 269, 270, 188 of Indian
Penal Code and Section 51(A) of Disaster Management Act,
registered at Police Station Damtal, District Kangra, H.P., as well as
consequent proceedings i.e. Police Challan No.39/2022, titled as
State of Himachal Pradesh Vs. Kulwinder Kaur, pending
1
Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
2
adjudication in the Court of learned Judicial Magistrate First Class,
Indora, Tehsil Indora, District Kangra, Himachal Pradesh.
.
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 instituted against the petitioner on the
of
precise allegation that on 24.04.2020, Police received written rukka
against the petitioner, alleging therein that in violation of restrictions
rt
imposed by the Government on account of Covid-19, she travelled
from Punjab to her in-laws at Kandrodi, District Kangra, Himachal
Pradesh. After receipt of aforesaid communication, police conducted
investigation and found that on 09.04.2020, petitioner along with her
brother-in-law Pawan Kumar and her son travelled from Punjab to her
in-laws at Kandrodi, as a result thereof, residents of Village Kandrodi
came under threat of Corona infection. In the afore background, FIR
sought to be quashed came to be instituted against the petitioner.
3. Though, after completion of investigation, Police has
already presented challan in the competent Court of law against the
petitioner, but before the same could be taken to its logical end,
petitioner 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.
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
3
4. Precisely, the grouse of the petitioner, as has been
highlighted in the petition and further canvassed by Mr. Sanjay
.
Jaswal, learned counsel for the petitioner, is that though District
Magistrate, Kangra, had issued curfew order dated 24.03.2020, but
petitioner had gone to her maternal house, a day prior to the issuance
of curfew order. After residing about 16 days in her maternal house,
of
she returned back to her in-laws on 09.04.2020 by which date, curfew
order dated 24.03.2020 stood withdrawn. Learned counsel for the
rt
petitioner further argued that as per statements of the then Secretary
Gram Panchayat Toki (Plumber Dass) as well as Ms. Anuradha
Kumari, (ASHA Worker), recorded under Section 161 Cr.P.C, factum
with regard to arrival of the petitioner in afore Gram Panchayat came
to their knowledge on 20.04.2020 and as per directions of SDM/BDO,
the petitioner was quarantined for a period of 28 days in her home.
During this period, neither the petitioner nor her son was found to be
infected with the corona virus. It is argued by learned counsel for the
petitioner that since curfew order dated 24.03.2020 was not within the
knowledge of general public of the concerned area under PS Damtal
and same was handed over to the police on 21.06.2020 by the office
of PS Indora as has been stated by Sh. Somraj (Reader) of SDM,
Indora and thereafter, matter with regard to violation of Covid-19
restrictions, if any, at the behest of the petitioner came to the
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
4
knowledge of the local administration after her having been
quarantined for a period of 28 days, there was otherwise no occasion
.
to lodge FIR. Lastly, learned counsel for the petitioner argued that
since it is admitted case of the parties that neither the petitioner nor
her son was infected with the coronavirus and on account of their
travel from Punjab to Kandrodi, Kangra, no infection was transmitted
of
to general public, FIR lodged against her deserves to be quashed and
set aside.
5.
rt
While making this Court peruse notification dated
07.02.2023 issued by the Additional Secretary (Home) to the
Government of Himachal Pradesh to all the District Magistrates
except District Magistrate, Hamirpur, Mr. Sanjay Jaswal, learned
counsel for the petitioner, stated that otherwise also, Government
itself decided to cancel/close or withdraw cases lodged against the
persons for their having violated instructions issued by the
administration from time to time in the wake of Covid-19.
6. To the contrary, Mr. Rajan Kahol, learned Additional
Advocate General, while refuting the prayer made on behalf of
petitioner, submitted that there is overwhelming evidence adduced on
record suggestive of the fact that on the date of alleged incident,
petitioner had violated social distancing norms and she travelled from
Punjab to her maternal house Kandrodi without there being any
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
5
permit issued by the competent authority, as a result thereof, great
danger was caused to residents of Village Kandrodi on account of
.
Covid-19. However, Mr. Kahol, fairly submitted that otherwise also, in
terms of notification dated 07.02.2023 issued by the Additional
Secretary (Home) to the Government of Himachal Pradesh, prayer
made on behalf of the petitioner for quashing of FIR can be accepted.
of
7. Having heard learned counsel for the parties and perused
material available on record, this Court finds that though allegations in
rt
the FIR sought to be quashed suggests that on the date of alleged
incident, petitioner violated social distancing norms and she travelled
from Punjab to Kandrodi, District Kangra during curfew and no permit,
if any, was ever issued by the competent authority to the petitioner to
undertake journey, as a result thereof, she became liable to be
prosecuted under Sections 188 and 202 IPC.
8. I have heard the learned counsel for the parties and gone
through the records.
9. Precisely, the ground as has been raised in the instant
petition for quashing of FIR is that no case under Sections 269, 270,
188 of Indian Penal Code and Section 51(A) of Disaster Management
Act could be initiated without there being written complaint to the
higher ups. Careful perusal of provision contained in Section 195 of
CrPC clearly reveals that no Court shall take cognizance of the
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
6
offence punishable under Sections 172 to 188 of the Indian Penal
Code (45 of 1860), except on the complaint in writing by the
.
complainant. Section 195 reads as under:
“195. Prosecution for contempt of lawful authority of public servants,
for offences against public justice and for offences relating todocuments given in evidence.
(i) No Court shall take cognizance-
of
(a) (i) of any offence punishable under sections 172 to 188 (both
inclusive) of the Indian Penal Code (45 of 1860 ), or
(ii) of any abetment of, or attempt to commit, such offence, or
rt
(iii) of any criminal conspiracy to commit such offence, except on the
complaint in writing of the public servant concerned or of some otherpublic servant to whom he is administratively subordinate;
(b) (i) of any offence punishable under any of the following sections
of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196(both inclusive), 199, 200, 205 to 211 (both inclusive) and 228,
when such offence is alleged to have been committed in, or in
relation to, any proceeding in any Court, or
(ii) of any offence described in section 463, or punishable under
section 471, section 475 or section 476, of the said Code, when
such offence is alleged to have been committed in respect of a
document produced or given in evidence in a proceeding in anyCourt, or
(iii) of any criminal conspiracy to commit, or attempt to commit, or
the abetment of, any offence specified in sub- clause (i) or sub-
clause (ii), except on the complaint in writing of that Court, or of
some other Court to which that Court is subordinate.
(2) Where a complaint has been made by a public servant under
clause (a) of sub- section (1) any authority to which he is
administratively subordinate may order the withdrawal of the
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
7
complaint and send a copy of such order to the Court; and upon its
receipt by the Court, no further proceedings shall be taken on the
complaint: Provided that no such withdrawal shall be ordered if the
trial in the Court of first instance has been concluded.
.
(3) In clause (b) of sub- section (1), the term” Court” means a Civil,
Revenue or Criminal Court, and includes a tribunal constituted by or
under a Central, Provincial or State Act if declared by that Act to be
a Court for the purposes of this section.
(4) For the purposes of clause (b) of sub- section (1), a Court shall
be deemed to be subordinate to the Court to which appeals
of
ordinarily lie from the appealable decrees or sentences of such
former Court, or in the case of a Civil Court from whose decrees no
appeal ordinarily lies, to the principal Court having ordinary original
rt
civil jurisdiction within whose local jurisdiction such Civil Court in
situate: Provided that-
(a) where appeals lie to more than one Court, the
Appellate Court of inferior jurisdiction shall be the Court to
which such Court shall be deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue
Court, such Court shall be deemed to be subordinate to
the Civil or Revenue Court according to the nature of the
case or proceeding in connection with which the offence
is alleged to have been committed.”
10. Having taken note of the provisions contained in Section
195 Cr.P.C, which has been reproduced in the earlier part of the
order, this Court finds that no court shall take cognizance of the
Sections 172 to 188 (both inclusive) of the IPC, except on the
complaint in writing of that Court, or of some other Court to which that
Court is subordinate. Where a complaint is made by a public servant
under clause (a) of sub-section (1), any authority to which he is
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
8
subordinate may order the withdrawal of the complaint and send copy
of the such order to the Court and upon its receipt by the Court, no
.
further proceedings shall be taken on the complaint, provided no such
withdrawal shall be ordered if the trial in the first instance has been
concluded. Since in the case at hand, public servant while initiating
action against the petitioner did not send the copy of the complaint to
of
the higher ups, enabling it to apply its mind, prosecution lodged
against the petitioner under Section 188 is otherwise not sustainable.
rt
In the event of copy being supplied to the higher-ups, there was a
possibility that such authority could order the public servant to
withdraw the complaint. Since in the case at hand, aforesaid
procedure never came to be followed/adopted, case registered
against the petitioner under Sections 269, 270 & 188 of IPC is
otherwise not sustainable.
11. The Gujarat High Court in judgment dated 15.2.2019,
titled Mohmadmohsin mohmadirfan Chhalotiya v. State of
Gujarat, in R/Special Criminal Application No. 4105 of 2017 2019(2)
RCR (Criminal) 397, has held as under:
“7 In order to appreciate the rival contentions on the aforesaid
issue, it will be apposite to have closer look at some of the decisions
of the Supreme Court for ascertaining the true nature and import of
the provisions of section 195 of the Code.
Section 195 of the Cr.P.C. reads as under: Section 195: Prosecution
for contempt of lawful authority of public servants, for offences::: Downloaded on – 03/04/2026 20:36:07 :::CIS
9against public justice and for offences relating to documents given in
evidence:
(1) No Court shall take cognizance-(a) (i) of any offence punishable
under sections 172 to 188 (both inclusive) of the Indian Penal Code,.
or
(ii) of any abetment of, or attempt to commit, such offence, or
(iii) of any criminal conspiracy to commit such offence, except on the
complaint in writing of the public servant concerned or of some other
public servant to whom he is administrative subordinate;
of
(b) (i) of any offence punishable under any of the following sections
of the Indian Penal Code, namely, sections 193 to 196 (both
inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such
rt
offence is alleged to have been committed in, or in relation to, any
proceeding in any Court, or
(ii) of any offence described in section 463, or punishable under
section 471, section 475 or section 476, of the said Code, when
such offence is alleged to have been committed in respect of a
document produced or given in evidence in a proceeding in anyCourt, or
(iii) of any criminal conspiracy to commit, or attempt to commit, or
the abetment of, any offence specified in sub-clause (i) or sub-
clause (ii), a [except on the complaint in writing of that Court or by
such officer of the Court as that Court may authorise in writing in
this behalf, or of some other Court to which that Court is
subordinate.]
(2) Where a complaint has been made by a public servant under
clause (a) of subsection (1) any authority to which he is
administratively subordinate may order the withdrawal of the
complaint and send a copy of such order to the Court; and upon its
receipt by the Court, no further proceedings shall be taken on the
complaint:Provided that no such withdrawal shall be ordered if the
trial in the Court of first instance has been concluded.
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
10
(3) In clause (b) of sub-section (1), the term “Court” means a Civil,
Revenue or Criminal Court, and includes a tribunal constituted by or
under a Central, Provincial or State Act if declared by that Act to be
a Court for the purposes of this section.
.
(4) For the purposes of clause (b) of sub-section (1), a Court shall
be deemed to be subordinate to the Court to which appeals
ordinarily lie from the appealable decrees or sentences of such
former Court, or in the case of a Civil Court from whose decrees no
appeal ordinarily lies to the principal Court having ordinary original
of
civil jurisdiction within whose local jurisdiction such Civil Court is
situate: Provided that-
(a) where appeals lie to more than one Court, the Appellate Court of
rt
inferior jurisdiction shall be the Court to which such Court shall be
deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue Court, such
Court shall be deemed to be subordinate to the Civil or Revenue
Court according to the nature of the case or proceeding in
connection with which the offence is alleged to have been
committed. (Emphasis supplied by me)”
8.The first in point of time is the decision of the Supreme Court is in
the case of Basir-ulHaq (supra). (The relevant sections consideredare sections 182, 297 and 500 of the IPC). The relevant
observations are incorporated as under:
14. Though, in our judgment, Section 195 does not bar the
trial of an accused person for a distinct offence disclosed by
the same facts and which is not included within the ambit of
that section, it has also to be borne in mind that the
provisions of that section cannot be evaded by resorting to
devices or camouflages. The test whether there is evasion of
the section or not is whether the facts disclose primarily and
essentially an offence for which a complaint of the court or of
the public servant is required. In other words, the provisions
of the section cannot be evaded by the device of charging a::: Downloaded on – 03/04/2026 20:36:07 :::CIS
11person with an offence to which that section does not apply
and then convicting him of an offence to which it does, upon
the ground that such latter offence is a minor offence of the
same character, or by describing the offence as being one.
punishable under some other section of the Indian penal
Code, though in truth and substance the offence falls in the
category of sections mentioned in Section of the Code of
Criminal Procedure. Merely by changing the garb or label of
an offence which is essentially all offence covered by the
provisions of Section 195 prosecution for such an offence
of
cannot be taken cognizance of by mis-describing it or by
putting a wrong label on it.
rt
9. Thus, the Supreme Court has approved the decision of the Full
Bench of the Calcutta High Court in the case of Satis Chandra
Chakravarti v. Ram Dayal De, AIR 1921 Cal 1, and has held that
section 195 of the Cr.P.C does not bar the trial of an accused
person for a distinct offence disclosed by the same facts and which
is not included within the ambit of that section, it has also to be
borne in mind that the provisions of that section cannot be evaded
by resorting to devices or camouflages.”
12. Leaving everything aside, this Court finds that there is no
independent witness associated by the prosecution to prove the case
against the petitioner. Since evidentiary material placed on record is
not sufficient to connect the petitioner with the offence alleged to have
been committed by him, there is no justification to let the petitioner
face the ordeal of protracted trial, which would otherwise culminate in
the acquittal.
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
12
13. Hon’ble Apex Court in judgment titled State of Haryana
and others vs. Bhajan Lal and others, 1992 Supp (1) SCC 335 has
.
held that the High Court is entitled to quash a proceeding, if it comes
to the conclusion that allowing the proceeding to continue would be
an abuse of the process of the Court or that the ends of justice require
that the proceeding ought to be quashed. Relevant para is being
of
reproduced herein below:-
“7….In the exercise of this wholesome power, the High Court is
entitled to quash a proceeding if it comes to the conclusion that
rt
allowing the proceeding to continue would be an abuse of the
process of the Court or that the ends of justice require that theproceeding ought to be quashed. The saving of the High Court’s
inherent powers, both in civil and criminal matters, is designed to
achieve a salutary public purpose which is that a court proceeding
ought not to be permitted to degenerate into a weapon ofharassment or persecution. In a criminal case, the veiled object
behind a lame prosecution, the very nature of the material on whichthe structure of the prosecution rests and the like would justify the
High Court in quashing the proceeding in the interest of justice. Theends of justice are higher than the ends of mere law though justice
has got to be administered according to laws made by the
legislature. The compelling necessity for making these observationsis that without a proper realisation of the object and purpose of the
provision which seeks to save the 5 inherent powers of the High
Court to do justice, between the State and its subjects, it would be
impossible to appreciate the width and contours of that salient
jurisdiction.”
14. Subsequently, Hon’ble Apex Court in Vineet Kumar and
Ors. v. State of U.P. and Anr., while considering the scope of
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
13
interference under Sections 397 Cr.PC and 482 Cr.PC, by the High
Courts, has held that High Court is entitled to quash a proceeding, if it
.
comes to the conclusion that allowing the proceeding to continue
would be an abuse of the process of the Court or that the ends of
justice require that the proceedings ought to quashed. The Hon’ble
Apex Court has further held that the saving of the High Court’s
of
inherent powers, both in civil and criminal matters, is designed to
achieve a salutary public purpose i.e. a court proceeding ought not to
rt
be permitted to degenerate into a weapon of harassment or
persecution. In the aforesaid case, the Hon’ble Apex Court taking
note of seven categories, where power can be exercised under
Section 482 Cr.PC, as enumerated in Bhajan Lal (supra), i.e. where
a criminal proceeding is manifestly attended with mala fides and/or
where the proceeding is maliciously instituted with an ulterior motive
for wreaking vengeance on the accused and with a view to spite him
due to private and personal grudge, quashed the proceedings.
15. Moreover, this court finds that State of Himachal Pradesh
vide notification dated 07.02.2023 issued by the Additional Secretary
(Home) to the Government of Himachal Pradesh directed all the
District Magistrates except District Magistrate, Hamirpur, to take steps
to close/ cancel or withdraw the proceedings if any, initiated against
the violators of social distancing norms. In the aforesaid
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
14
communication, it has been recorded that social distances norms
were promulgated to curb the Pandemic and to prevent the spread
.
thereof. Since, to great extent, State has been able to achieve its
objective in curbing the Pandemic, Government after having
deliberated upon the matter, decided to close/ cancel/ withdraw such
FIRs/cases, registered across the State of Himachal Pradesh, in the
of
public interest.
16. In view of the detailed discussion made herein above and
rt
law taken into consideration, there appears to be sufficient ground for
this Court to exercise its inherent jurisdiction under Section 482
Cr.P.C (Section 528 of BNSS), for quashing of FIR and consequent
criminal proceedings against the petitioner, to prevent abuse of
process of law and to prevent unnecessary harassment of the
petitioner against whom there is no evidence to connect her with the
commission of offences as incorporated in the FIR. Otherwise also,
continuance of the criminal proceedings against the petitioner in the
present case would be a sheer wastage of time of the learned trial
Court and the same would amount to subjecting the petitioner to
unnecessary and protracted ordeal of trial, which is bound to
culminate in acquittal. If the evidentiary material collected on record
to prove the guilt of the petitioner is perused in its entirety, this is no
sufficient material to connect the petitioner with the offence alleged to
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
15
have been committed by him. To the contrary, if, on the basis of
material adduced on record by the investigating agency, trial is
.
allowed to continue, great prejudice would be caused to the petitioner
and same would amount to sheer abuse of process of law.
17. Consequently, in view of the aforesaid discussion as well
as law laid down by the Hon’ble Apex Court (supra), FIR No.48 of
of
2020, dated 20.04.2020, under Sections 269, 270, 188 of Indian
Penal Code and Section 51(A) of Disaster Management Act,
rt
registered at Police Station Damtal, District Kangra, H.P., as well as
consequent proceedings, if any, pending adjudication in the
competent court of law are quashed and set aside.
The petition stands disposed of in the aforesaid terms,
alongwith all pending applications.
(Sandeep Sharma),
Judge
March 25, 2026
(sunil)
::: Downloaded on – 03/04/2026 20:36:07 :::CIS
