Extracted from the PDF above. The PDF is authoritative.
2025:HHC:38522 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. :
1052 of 2025 Decided on : 17.11.2025 Dilawar Singh …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. Vijender Katoch & Mr. Kapil Sharma, Advocates. For the respondents : Mr. Tejasvi Sharma, Additional Advocate
General,
for respondent No.1. Respondents No.2 and 3 in person with Mr. Shivanshu Attri, 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.196 of 2019, dated 04.11.2019 (hereinafter referred to as the FIR, in question), registered with Police Station, Indora, District Kangra, H.P., under Sections 279, 337 and 338 of the Indian Penal Code (hereinafter referred to as the 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:38522 ‘IPC’) and Section 196 of Motor Vehicles Act (hereinafter referred to as ‘the M.V. Act’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Judicial Magistrate First Class, Indora, District Kangra, 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 respondents No.2 and 3. 3. According to the petitioner, on the complaint of respondent No.2, 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.2, alleging therein that 03.11.2019, at about 11.0011.15 a.m., at a place known as Ghaghwan, an accident had taken place, involving motorcycle, bearing registration No.HP38D2839, being driven by respondent No.3 and Tractor, being driven by petitioner Dilawar Singh. In the said accident, the petitioner sustained injuries. As such, the complainant had lodged the FIR, against the petitioner. 3 2025:HHC:38522
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, he was neither rash nor negligent, and the accident had taken place due to error of judgment, as such, the matter has been compromised with respondents No.2 and 3.
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, respondent No.1State has filed the status report, mentioning therein the manner, in which, the FIR, in question, has been registered, at the instance of respondent No.2, and the manner, in which, the police has investigated the matter and filed the charge sheet, which is pending adjudication before the learned trial Court. 4 2025:HHC:38522
9. The petitioner has impleaded the complainant, as respondent No.2 and the injured as respondent No.3. 10. Today, respondent No.2complainant, 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.2 has also deposed that in view of the compromise, having taken place between him and the petitioner, he has no objection, if the present petition is allowed, as prayed for. 11. In addition to this, respondent No.2 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 statements have been made by the petitioner, as well as, by respondent No.3, on oath. 13. Heard. 14. In this case, the criminal machinery was put into motion, by respondent No.2, by lodging the FIR, in
5 2025:HHC:38522 question, who initially had levelled the allegations 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, and the person, who has received injuries, have 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, 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 petitioner, as well as, respondents No.2 and 3 to live peacefully in the society. 18. Even otherwise, acceptance of the compromise, by this Court, will save the precious judicial time of the
6 2025:HHC:38522 learned trial Court, which, the learned Court would 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.196 of 2019, dated 04.11.2019, registered with Police Station, Indora, District Kangra, H.P., under Sections 279, 337 and 338 of the IPC and Section 196 of the M.V. 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. 22. Pending miscellaneous application(s), if any, shall also stand disposed of accordingly. ( Virender Singh ) November 17, 2025(ps) Judge