1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MMO No. 769 of 2025 Decided on : 11.9.2025 Ashutosh Kumar …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. Dinesh Bhanot, Advocate. For the Respondents :Mr. Tejasvi Sharma, Additional Advocate General, for respondent Nos.1 and 2. Respondent Nos. 3 and 4 in person with Mr. Sanjeev Mankotia, 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. 254 of 2024, dated 13.10.2024 2 (hereinafter referred to as ‘the FIR in question’), registered under Sections 281 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘the BNS’) and Sections 181 and 185 of Motor Vehicles Act (hereinafter referred to as ‘the M.V. Act’), with Police Station, Baddi, District Solan, H.P., as well as, the proceedings resultant thereto, stated to be pending before the Court of learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P., (hereinafter referred to as ‘the trial Court’). 2. Brief facts, as borne out from the record, are that on 13.10.2024, complainant (respondent No. 3) got recorded his statement, under Section 173 of BNSS, with the Police of Police Station, Baddi, District Solan, H.P. disclosing therein, that on 13.10.2024, at about 1:50 a.m, he was riding his motorcycle from Sikka Hotel to Red Light Chowk, Baddi. When, he reached near Global Super Speciality, Hospital, Baddi, then, he noticed a car bearing registration No. HP12P-5944, going ahead his motorcycle, at a very fast speed and dashed against vehicle No. PB- 03AP-0117, coming from the opposite side, due to which, the car was damaged. Later on, name of the driver of the 3 aforesaid car bearing registration No. HP12P-5944, was told Ashutosh (petitioner). As per the complainant, the accident in question had taken place, due to rash and negligent driving of the petitioner. 3. Thereafter, on the statement of respondent No. 3, FIR in question was registered. 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-2. 6. On all these submissions, a prayer to allow the present petition, by quashing the FIR in question, as well as, proceedings resultant thereto, pending before the learned trial Court, has been made. 7. When put to notice, respondent/State 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. It is the further case of respondent- State that after completion of investigation, report 4 under Section 193 of BNSS has been filed, which is pending adjudication, before the learned trial Court. 9. Today, respondent No. 3, 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. 4 and the petitioner. 10. Lastly, respondent No. 3, 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. 11. Similar type of statement has also been made by respondent No. 4 and the petitioner. The petitioner has deposed that he was neither rash nor negligent 5 while driving the vehicle in question, but the accident had taken place due to error of judgment. 12. Heard. 13. 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. 14. 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. Lastly, he has submitted that he has no objection, in case the present petition is allowed. 15. In view of the compromise deed, Annexure P-2, which bears the signatures of petitioner and respondents No. 3 and 4, respondents No. 3 and 4 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, pending before the learned trial Court, are quashed. 6 16. 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. 3 and 4, 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. 3, would certainly amount to abuse of the process of law. 17. Acceptance of the compromise will help the parties to live peacefully in the society and also save the precious time of the learned trial Court, as the learned trial Court will be in a position to devote such time, for deciding some other serious matters, pending before it. 18. Considering all these facts, the present petition is allowed and FIR in question, as well as, proceedings resultant thereto, are quashed. 19. The statements, so recorded, and the compromise, Annexure P-2, be read as part of the judgment. 7 20. Pending miscellaneous application(s), if any, also stands disposed of. (Virender Singh) Judge August 12, 2025 Kalpana