1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MMO No. 867 of 2025 Decided on : 17.9.2025 Sandeep …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. Sandeep K. Pandey, Advocate. For the Respondents :Mr. Varun Chandel, Addl. A.G., for respondent/State. Respondent Nos. 2 and 3 in person with Mr. Parv Sharma, 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. 0123/2024, dated 12.07.2024 (hereinafter referred to as ‘the FIR in question’), 2 registered under Section 281, 125 (A) and 125(B) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘the BNS’) and Section 187 of Motor Vehicles Act (hereinafter referred to as ‘the M.V. Act’), with Police Station, Dhalli, District Shimla, H.P., as well as, the proceedings resultant thereto, stated to be pending before the Court of learned Judicial Magistrate First Class, Court No. 5, Shimla, H.P. (hereinafter referred to as ‘the trial Court’). 2. Brief facts, as borne out from the pleadings, are that the complainant has got recorded his statement, under Section 173 BNSS, before the Police, disclosing therein that on 11.7.2024, at about 9:25 a.m. he was calling Abujaar (respondent No. 3), but he was not picking up the phone. Later on, he received a call from mobile phone of Abujaar (respondent No. 3) that he has been hit by some motorcycle (being driven by the petitioner), inside the Dhalli tunnel, upon which, one Manoj Kumar took him to IGMC for treatment. Said Manoj Kumar had apprised the complainant about the accident in question, caused by the petitioner, by driving the vehicle at fast speed and in rash and negligent manner. 3 3. Thereafter, on the statement of respondent No. 2, 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 under Section 193 of BNSS has been filed, which is pending adjudication, before the learned trial Court. 4 9. 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. 10. 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. 11. 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. 12. Heard. 5 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, Ext. PX, 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, pending before the learned trial Court, are quashed. 16. The primary purpose of law is to maintain peace and harmony in the society and when, the parties to the lis, i.e. petitioner and respondents No. 2 6 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. 17. Acceptance of the compromise will help the parties to live peacefully in the society and also save the precious judicial 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, pending before the learned trial Court, are quashed. 19. The statements, so recorded, and the compromise, Ext. PX, be read as part of the judgment. 7 20. Pending miscellaneous application(s), if any, also stands disposed of. (Virender Singh) Judge September 17, 2025 Kalpana