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High Court of Himachal Pradesh · body

2025 DAILYLAW 21998 (HP)

RANJEET DOGRA v. STATE OF HP AND ORS

CRMMO/737/2025 · 2025-08-12

Virender Singh

body2025

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MMO No. 737 of 2025 Decided on : 12.8.2025 Ranjeet Dogra …Petitioner Versus State of H.P. & ors. …Respondents ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Petitioner : Petitioner in person with Mr. Munish Dhatwalia, Advocate. For the Respondents :Mr. H.S. Rawat, Additional Advocate General, for respondent No.1. Respondent Nos. 2 and 3 in person with Mr. Rakesh Thakur, Advocate. Virender Singh, Judge (oral) The petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the B.N.S.S.) for quashing of FIR No. 41 of 2025, dated 18.7.2025 2 (hereinafter referred to as ‘the FIR in question’), registered under Sections 281 and 125 (a) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘the BNS’) with Police Station, Kumarsain, District Shimla, H.P., as well as, the proceedings resultant thereto, if any. 2. Brief facts, as borne out from the record, are that on 18.7.2025, complainant (respondent No. 2) got recorded his statement, under Section 154 Cr. P.C., with the Police of Police Station, Kumarsain, District Shimla, H.P. disclosing therein, that on 18.7.2025, he received an information that at a place known as “Odi’, an accident had taken place, involving Alto Car No. HP62C-0129. On receiving the information, he proceeded towards the spot and found the aforesaid vehicle, in a damaged condition. As per the complainant (respondent No. 2), the car was being driven by the petitioner. In the said accident, respondent No. 3 is stated to have sustained injuries on his leg, head and arms and thereafter, he was taken to Civil Hospital, Kumarsain, for treatment. 3. Thereafter, on the statement of respondent No. 2, FIR in question was registered. 3 4. During investigation of the case, with the intervention of the respectables of the society, the matter has been compromised between the parties. 5. The terms and conditions of the compromise have been reduced into writing, which has been annexed with the petition, as Annexure P-1. 6. On all these submissions, a prayer to allow the present petition, by quashing the FIR in question, as well as, proceedings resultant thereto, if any, has been made. 7. When put to notice, respondent No. 1 has filed the status report, disclosing therein, the manner, in which, the FIR in question has been registered and criminal machinery swung into motion. 8. Today, respondent No. 2, who, has put criminal machinery into motion, has appeared in Court and has made a statement, on oath, about the manner, in which, he has lodged the FIR in question and factum of the compromise, which has been effected, between the parties, in order to maintain cordial relations, between him, respondent No. 3 and the petitioner. 4 9. Lastly, respondent No. 2, in unequivocal terms, has deposed that he does not want to proceed further with the matter, as, the parties want to live in peace and harmony in future. He has also stated that he has no objection, in case, the present petition is allowed and the FIR in question and the proceedings resultant thereto, if any, are quashed. 10. Similar type of statement has also been made by respondent No. 3 and the petitioner. The petitioner has deposed that he was neither rash nor negligent while driving the vehicle in question, but the accident had taken place due to error of judgment. 11. Heard. 12. From the facts, as mentioned in the petition, as well as, the factual position, as narrated in the status report, this Court is of the view that the matter has now been compromised, between the parties. 13. The person, who had put the criminal machinery into motion, by lodging FIR in question, when, appeared before this Court, has stated that the compromise has been effected between the parties. 5 Lastly, he has submitted that he has no objection, in case the present petition is allowed. 14. In view of the compromise deed, Annexure P-1, which bears the signatures of petitioner and respondents No. 2 and 3, respondents No. 2 and 3 do not want to proceed further with the case and have specifically stated that they have no objection, in case, the present petition is allowed and the FIR in question, as well as, proceedings resultant thereto, if any, are quashed. 15. The primary purpose of law is to maintain peace in the society and when, the parties to the lis, i.e. petitioner and respondents No. 2 and 3, have buried their disputes and compromised the matter, then, the continuation of the criminal proceedings, arising out of the FIR in question, lodged by respondent No. 2, would certainly amount to abuse of the process of law. 16. Acceptance of the compromise will help the parties to live peacefully in the society and also save the precious time of the Police, as the Police will be in 6 a position to devote such time, for investigating some other serious disputes, pending before it. 17. Considering all these facts, the present petition is allowed and FIR in question, as well as, proceedings resultant thereto, if any, are quashed. 18. The statements, so recorded, and the compromise, Annexure P-1, be read as part of the judgment. 19. Pending miscellaneous application(s), if any, also stands disposed of. (Virender Singh) Judge August 12, 2025 Kalpana