Extracted from the PDF above. The PDF is authoritative.
2025:HHC:33764 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. : 920 of 2025 Decided on : 26.09.2025 Ajay Kumar …Petitioner Versus State of Himachal Pradesh & Others …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Subhash Chander, Advocate. For the respondents : Mr. Ranjna Patial, Deputy Advocate General,
for respondents No.1 to 3. Respondent No.4 in person with Mr. Bodh Raj Thakur, Advocate. Virender Singh, Judge
(oral) Petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No.8 of 2024, dated 23.01.2024 (hereinafter referred to as the FIR, in question), registered with Police Station, BSL Colony Sundernagar, District Mandi, H.P., under Sections 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:33764 279, 337, 338 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), and Sections 180, 181 and 194D of the Motor Vehicles Act, as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Judicial Magistrate First Class, Court No.2, Sundernagar, District Mandi, H.P. (hereinafter referred to as the ‘trial Court’). 2. The relief of quashing has been sought on the basis of the compromise, which has taken place between the petitioner and respondent No.4. 3. According to the petitioner, on the complaint of respondent No.4, the FIR, in question, has been registered against him. 4. It has been contended that the FIR, in question, has been lodged by respondent No.4, alleging therein that on 23.01.2024, while driving Tipper No.HP31C7164, the complainant was on his way from Ouli to Choki and at about 4.30 p.m., when he reached at Saran Galu curve, then, from the opposite side, a motorcyclist with pillion rider, while riding motorcycle No.HP31D3241, came there
3 2025:HHC:33764 and struck against the tipper, due to which, the petitioner sustained injuries. Thereafter, he was taken to Hospital. 5. After registration of the FIR, the police has conducted the investigation and submitted the final report, which is stated to be pending adjudication before the learned trial Court. 6.
According to the petitioner, during the pendency of the case, with the intervention of the respectables of the society, and in order to maintain our future cordial relations, the matter has been compromised with respondent No.4. The Compromise Deed is Annexure P3. 7. On the basis of the said compromise, a prayer has been made to allow the petition, as prayed for, by quashing the FIR, in question, as well as, proceedings resultant thereto, if any. 8. When put to notice, respondents No.1 to 3 State have filed the status report, mentioning therein the manner, in which, the FIR, in question, has been registered, at the instance of respondent No.4, and the manner, in which, the police has investigated the matter
4 2025:HHC:33764 and filed the chargesheet, which is pending adjudication before the learned trial Court. 9. The petitioner has impleaded the complainant, as respondent No.4. 10. Today, respondent No.4complainant, appeared before the Court and deposed, on oath, that on his statement, the FIR, in question, has been lodged against the petitioner. He has also admitted his signatures on the Compromise Deed Annexure P3. 10. Apart from this, respondent No.4 has also deposed that in view of the compromise, having taken place between him and respondent No.4, he has no objection, if the present petition is allowed, as prayed for. 11. In addition to this, respondent No.4 has also shown his voluntariness and willingness to enter into the compromise with the petitioner, by stating that the compromise has been effected out of his free will, consent and without any pressure. 12. Similar type of statement has been made by the petitioner, on oath. 13. Heard. 5 2025:HHC:33764
14. In this case, the criminal machinery was put into motion, by respondent No.4, by lodging the FIR, in question, who initially had levelled the allegations of rash and negligent driving against the petitioner, however, when appeared before this Court, he has submitted that the matter has been compromised between, him and the petitioner. 15.
Once, the person, who had put the criminal machinery into motion, has compromised the matter with the petitioner, in such situation, the chances of success of prosecution case against the petitioner are not so bright. 16. When the parties, with the intervention of the respectables of the society, have buried all their disputes, by compromising the matter, vide compromise deed Annexure P3, then, permitting the proceedings to continue against the petitioner, would be nothing, but, abuse of the process of law. 17. The primary purpose of law is to maintain peace and harmony in the society. Acceptance of the petition, would also give another opportunity to the
6 2025:HHC:33764 petitioner, as well as, respondent No.4 to live peacefully in the society. 18. Even otherwise, acceptance of the compromise, by this Court, will save the precious judicial time of the Court, where the final report is to be filed, which, the said Court will be in a position to devote for the decision of some other serious matters, pending before it. 19. Moreover, this Court is satisfied with the genuineness of the compromise Annexure P3, entered into between the parties. 20. Considering all these facts, the petition is allowed and FIR No.8 of 2024, dated 23.01.2024, registered with Police Station, BSL Colony Sundernagar, District Mandi, H.P., under Sections 279, 337, 338 of the IPC, and Sections 180, 181 and 194D of the Motor Vehicles Act, as well as, the proceedings resultant thereto, pending before the learned trial Court, are ordered to be quashed. 21. The compromise deed, Annexure P3, and the statements of the parties, recorded today, in the Court, shall form part of the judgment. 7 2025:HHC:33764
22. Pending miscellaneous application(s), if any, shall also stand disposed of accordingly. ( Virender Singh ) September 26, 2025(ps) Judge