Sant Ram & Others vs State Of H.P. & Others on 20 March, 2026

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    Himachal Pradesh High Court

    Sant Ram & Others vs State Of H.P. & Others on 20 March, 2026

    Author: Sandeep Sharma

    Bench: Sandeep Sharma

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

    Cr.MMO No.147 of 2026
    Date of Decision: 20.03.2026

    SPONSORED

    .

    _______________________________________________________

    Sant Ram & others …….Petitioner
    Versus

    State of H.P. & others … Respondents
    _______________________________________________________
    Coram:

    Hon’ble Mr. Justice Sandeep Sharma, Judge.

    
    
    
    
                                                           of
        Whether approved for reporting? 1
    
        For the Petitioner:               Mr. Raju Ram Rahi & Mr. Vipan Rajta,
                                rt        Advocates.
    

    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. Harish Sharma, Advocate, for respondent

    No.2.

    _______________________________________________________
    Sandeep Sharma, Judge(oral):

    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.22 of 2024, dated

    19.05.2024 under Sections 366-A, 376, 372, 323 and 506 read with

    Section 34 of IPC, Sections 4, 6 and 21 of Protection of Children from

    Sexual Offences Act and Sections 9 and 10 of the Child Marriage

    Act, registered at police Station, Kupvi, District Shimla, Himachal

    Pradesh as well as consequent proceedings in Sessions Trial

    POCSO Act 09 of 2024, titled State vs. Khaiya Ram and others
    1
    Whether the reporters of the local papers may be allowed to see the judgment?

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    2

    pending adjudication in the Court of learned Additional Sessions

    Judge, Fast Track Special Court (POCSO), Shimla, District Shimla,

    .

    Himachal Pradesh, on the basis of the compromise arrived inter se

    parties (Annexure P-5), whereby both the parties have resolved to

    settle their dispute amicably interse them.

    2. Precisely, the facts of the case, as emerge from the

    of
    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 at the behest of Sh. Santosh
    rt
    Kumar, maternal Uncle of respondent No.2/prosecutrix (hereinafter

    referred to as the complainant), who alleged that maternal

    grandfather of the victim/prosecutrix, Sh. Khem Chand, respondent

    No.6 sold her minor granddaughter i.e. victim-prosecutrix to

    petitioners No.1 and 2 in lieu of some money. He also alleged that the

    victim/prosecutrix, who was minor at the time of incident, was also not

    helped by her mother Smt. Reena respondent No.3, rather she also

    encouraged his father, respondent No.6 to do unlawful act, as

    detailed hereinabove. On the aforesaid complaint, FIR, sought to be

    quashed, came to be lodged against the petitioners. During

    investigation, it transpired that petitioner, namely Sant Ram,

    solemnized marriage with the victim/prosecutrix and out of their

    wedlock, one baby boy has born. Since at the time of alleged

    marriage interse petitioner No.1 and victim/prosecutrix,

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    3

    victim/prosecutrix was minor, coupled with the fact that she had given

    birth to one child, a case under Child Marriage Act also came to be

    .

    registered against petitioner No.1, who is otherwise behind the bars

    since 19th May, 2024. 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

    of
    entered into compromise, whereby they resolved to settle the dispute

    amicably interse them. In the aforesaid background, prayer has been

    made on behalf of the petitioners for quashing of the FIR as well as
    rt
    consequent proceedings.

    3. Pursuant to notices issued in the instant proceedings,

    respondent-State has filed status report under the signatures of SHO,

    Police Station Kupvi, District Shimla, Himachal Pradesh, which is

    silent about the compromise, however, careful perusal of the same

    reveals that petitioner No.1 is biological father of the child born from

    the womb of the prosecutrix/victim. Investigating Officer, who is

    present in Court, apprised this Court that at present victim/prosecutrix

    has been residing in the house of her husband at village Gonth, Tehsil

    Kupvi, District Shimla, Himachal Pradesh.

    4. Respondent No.2/victim-prosecutrix, who has now

    attained majority, has also come present in Court and is being

    represented by Mr. Harish Sharma, Advocate. She states on oath

    before this Court that she of her own volition and without there being

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    4

    any external pressure has entered into compromise, whereby both

    the parties have resolved to settle their dispute amicably interse them.

    .

    She states that FIR, sought to be quashed, is result of

    misunderstanding. She states that she of her own volition and without

    external pressure has joined the company of petitioner No.1, who

    subsequently solemnized marriage with her. She states that her

    of
    maternal grandfather as well as mother never compelled her to

    solemnize marriage with petitioner No.1. She states that since at

    present, she is residing in her in-laws house and living happy married
    rt
    life alongwith her child, she does not wish to prosecute the case

    further and shall have no objection in FIR as well as consequent

    proceedings pending in the competent Court of law, are quashed and

    set-aside and accused, named in the FIR, are acquitted of the

    charges framed against them. While admitting the contents of the

    compromise placed on record to be correct, she also admits his

    signature. Her statement is taken on record.

    5. After having carefully perused the compromise placed on

    record and heard the statement made on oath by the

    victim/prosecutrix, Mr. Rajan Kahol, learned Additional Advocate

    General, states that though parties have entered into the compromise,

    but this Court cannot be lose sight of the fact that petitioners No.1 and

    2 are the accused of heinous crime punishable under Sections 366-A,

    376, 372, 323 and 506 read with Section 34 of IPC, Sections 4, 6 and

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    5

    21 of Protection of Children from Sexual Offences Act and Sections 9

    and 10 of the Child Marriage Act, however learned Additional

    .

    Advocate General fairly states that on account of the statement made

    by the victim-prosecutrix, chances of conviction of petitioner-accused

    are very remote and bleak.

    6. True it is that petitioners herein are accused of heinous

    of
    crime punishable under Sections 366-A, 376, 372, 323 and 506 read

    with Section 34 of IPC, Sections 4, 6 and 21 of Protection of Children

    from Sexual Offences Act and Sections 9 and 10 of the Child
    rt
    Marriage Act, but once victim/prosecutrix has already solemnized

    marriage with petitioner No.1 and out of their wedlock one child has

    born, who at present is 1 ½ years old, no fruitful purpose would be

    served in case FIR, sought to be quashed, is permitted to continue,

    rather continuation of the same would further harm the

    victim/prosecutrix, who otherwise has stated before this Court that

    she is living happy married life with her laws.

    7. The question which now needs consideration is “whether

    FIR’s 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 ( now section 528 of BNSS) 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

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    6

    not private in nature and have a serious impact on society”. Since in

    the present case, victim/prosecutrix has attained majority and she has

    .

    already solemnized marriage with petitioner No.1 and out of their

    wedlock, one child has born, this Court is of the view that it may not

    be in the interest of both the parties to continue with criminal

    proceedings initiated at the behest of maternal uncle of

    of
    victim/prosecutrix.

    8. At this stage, it would be relevant to take note of the

    judgment passed by Hon’ble Apex Court in Narinder Singh (supra),
    rt
    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 ( now section 528 of

    BNSS) 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

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    7

    Court has laid down certain parameters to be followed, while

    compounding offences.

    .

    9. 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

    of
    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
    rt
    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.

    10. 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.PC. Even in the judgment passed

    in Narinder Singh‘s case, the Hon’ble Apex Court has held that while

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    8

    exercising inherent power of quashment under Section 482 Cr.PC

    ( now section 528 of BNSS) 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

    of
    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
    rt
    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.

    11. 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.

    12. Since, in the case at hand, respondent No.2/victim has

    already solemnized marriage with petitioner No.1 and she is living

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    9

    happy married life, it would be in the interest of justice to accept the

    prayer made on behalf of the petitioners/accused for quashing of the

    .

    FIR as well as consequent proceedings, which if otherwise allowed to

    sustain may disturb the happy married life of petitioner No.1 and

    respondent No.2/victim. No doubt, while accepting prayer for

    quashing of the FIR in heinous crime like rape, etc. interest of society

    of
    at large is to be kept in mind rather than the interest of an individual,

    however in the facts and circumstances of the case, as detailed

    hereinabove, interest of victim/prosecutrix appears to be of
    rt
    paramount importance, if is not protected and petitioner /accused is

    left to be prosecuted for his having committed the offence punishable

    under Section 366-A, 376, 372, 323 and 506 read with Section 34 of

    IPC, Sections 4, 6 and 21 of Protection of Children from Sexual

    Offences Act and Sections 9 and 10 of the Child Marriage Act,

    ultimate loser would be respondent No.2/victim and as such, no

    fruitful purpose would be served in continuing with the criminal

    proceedings. Otherwise also, there are bleak and remote chances of

    conviction of petitioners- accused and as such, this court sees no

    impediment in accepting the prayer made by petitioners for quashing

    of FIR.

    13. Consequently, in view of the aforesaid discussion as well

    as law laid down by the Hon’ble Apex Court (supra), FIR No.22 of

    2024, dated 19.05.2024 under Sections 366-A, 376, 372, 323 and 506

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    10

    read with Section 34 of IPC, Sections 4, 6 and 21 of Protection of

    Children from Sexual Offences Act and Sections 9 and 10 of the

    .

    Child Marriage Act, registered at police Station, Kupvi, District Shimla,

    Himachal Pradesh as well as consequent proceedings in Sessions

    Trial POCSO Act No. 09 of 2024, titled State vs. Khaiya Ram and

    others pending adjudication in the Court of learned Additional

    of
    Sessions Judge, Fast Track, Special Court (POCSO), Shimla, District

    Shimla, Himachal Pradesh, are quashed and set aside. Accused are
    rt
    acquitted of the charges framed against them.

    14. The petition stands disposed of in the aforesaid terms,

    alongwith all pending applications.

    (Sandeep Sharma),

    Judge
    March 20, 2026
    (shankar)

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