IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.900 of 2026 Date of Decision: 24.08.2026 __________________________________________________________________________ Yusuf Mohammad & Anr. ……...Petitioners Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? __________________________________________________________________________ For the Petitioner: Dr. Rajesh Kumar Parmar, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General, for State. Mr. Gaurav Thakur, Advocate, for respondent No.3. HC Hari Narayan No.31, Police Station Sadar, Una, District Una, H.P., present in person along with record. _________________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of present petition filed under Section 528 of the BNSS, 2023, prayer has been made by the petitioner-accused (for short ‘accused’) for quashing of FIR No.77 of 2020 dated 14.02.2020, under Section 279, 337 and 338 of Indian Penal Code, registered at Police Station Sadar, Una, District Una, Himachal Pradesh, along with consequential proceedings pending in the competent Court of law, on the basis of compromise. 2 2. Precisely, the facts of the case, as emerge from the record are that FIR sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.2-Shri Raj Kumar (hereinafter, ‘complainant’), who alleged that 14.02.2020 at 4:45 p.m., while he had coming towards Rainsary to answer the call of nature, one scooty, upon which two ladies were riding from Khad Panjore and while attempted to take turn towards Rainsary, one motorcycle bearing registration No. HP- 72B-5033 being driven by accused No.1, Sh. Yusuf Mohammad, came at high speed and hit the scooty, as a result thereof, riders of both scooty as well as motorcycle fell on the ground and suffered injuries. Since complainant alleged that accident occurred on account of rash and negligent driver of the motorcycle, FIR sought to be quashed came to be lodged against riders of motorcycle. 3. Though after completion of investigation, Police has already presented Challan in the competent Court of law, but before same could be taken to its logical end, parties to the lis have decided to settle the dispute amicably inter se them by way of compromise placed on record and as such, accused have approached this Court in the instant proceedings, praying therein to quash and set aside the FIR as well as consequent proceedings pending before the competent Court of law. 4. Pursuant to direction issued by this court, respondent-State has filed status report, but same is silent about the compromise. Though vide order dated 18.08.2026, this Court had specifically called upon 3 complainant Raj Kumar to come present before this Court, but it appears that on account of illness, he has not been able come present. However, complainant has executed Special Power of Attorney in favor of the victim- injured Jaswinder Kaur, who had suffered injuries in the accident, authorizing her to make a statement on his behalf. In view of amicable settlement arrived inter se the victim Jaswinder Kaur and accused named in the FIR, injured/victim shall have no objection in case FIR sought to be quashed in the instant proceedings is quashed and accused named therein are acquitted of charges framed against them. Though complainant was required to come present, but since victim-injured, Jaswinder Kaur, who at relevant time was driving scooty and had suffered injuries in the accident, has come present before this Court and stated that she has no objection in compromising the dispute with the accused named in the FIR, this court sees no impediment in accepting the prayer made on behalf of the petitioner for quashing of FIR. 5. Injured/victim Smt. Jaswinder Kaur has present in person and is represented by Mr. Gaurav Thakur, Advocate. She states on oath that she of her own volition and without there being any external pressure has entered into compromise with the accused, whereby they have decided to settle the dispute amicably inter se them. She states that FIR sought to be quashed is a result of misunderstanding, because accident did not occur on account of rash and negligent driving of the accused, rather on account of error of judgement. She states that she as well as other occupant of the 4 scooty, respondent No.4, Sunita Devi have already recovered from the injuries suffered in the accident, coupled with the fact that respondent No.2, in whose behalf FIR sought to be quashed came to be lodged, has no objection in quashing of FIR in view of the compromise and as such, she does not wish to prosecute the case further and shall have no objection in case prayer made in the instant petition for quashing of FIR as well as consequent proceedings is accepted and accused is acquitted of the offences. While admitting contents of the compromise to be correct, she also admits her signatures thereupon. Her statement made on oath is taken on record. 6. Having heard statement made on oath by the injured/victim, Mr. Rajan Kahol, learned Additional Advocate General, fairly states that no fruitful purpose would be served in case FIR as well as consequent proceedings, sought to be quashed, are allowed to sustain, rather that would unnecessarily widen the rift inter se petitioner and complainant. He further states that otherwise also, chances of conviction of accused are very remote and bleak on account of the amicable settlement arrived inter se parties. 7. The question which now needs consideration is whether FIR in question can be ordered to be quashed when Hon'ble Apex Court in Narinder Singh and others versus State of Punjab and another (2014)6 SCC 466 has specifically held that power under S. 482 CrPC is not to be exercised in the cases which involve heinous and serious offences of mental 5 depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. 8. At this stage, it would be relevant to take note of the judgment passed by Hon'ble Apex Court in Narinder Singh (supra), whereby the Hon’ble Apex Court has formulated guidelines for accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings. Perusal of judgment referred to above clearly depicts that in para 29.1, Hon’ble Apex Court has returned the findings that power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable and where the parties have settled the matter between themselves, however, this power is to be exercised sparingly and with great caution. In para Nos. 29 to 29.7 of the judgment Hon'ble Apex Court has laid down certain parameters to be followed, while compounding offences. 9. Careful perusal of para 29.3 of the judgment suggests that such a power is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Apart from this, offences committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants 6 while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly arising out of commercial transactions or arising out of matrimonial relationship or family disputes may be quashed when the parties have resolved their entire disputes among themselves. 10. The Hon’ble Apex Court in Gian Singh v. State of Punjab and anr. (2012) 10 SCC 303 has held that power of the High Court in quashing of the criminal proceedings or FIR or complaint in exercise of its inherent power is distinct and different from the power of a Criminal Court for compounding offences under Section 320 Cr.PC. Even in the judgment passed in Narinder Singh’s case, the Hon’ble Apex Court has held that while exercising inherent power of quashment under Section 482 Cr.PC the Court must have due regard to the nature and gravity of the crime and its social impact and it cautioned the Courts not to exercise the power for quashing proceedings in heinous and serious offences of mental depravity, murder, rape, dacoity etc. However subsequently, the Hon’ble Apex Court in Dimpey Gujral and Ors. vs. Union Territory through Administrator, UT, Chandigarh and Ors. (2013) 11 SCC 497 has further reiterated that continuation of criminal proceedings would tantamount to abuse of process of law because the alleged offences are not heinous offences showing extreme depravity nor are they against the society. Hon'ble Apex Court 7 further observed that when offences of a personal nature, burying them would bring about peace and amity between the two sides. 11. Hon’ble Apex Court in its judgment dated 4th October, 2017, titled as Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and Another, passed in Criminal Appeal No.1723 of 2017 arising out of SLP(Crl) No.9549 of 2016, reiterated the principles/parameters laid down in Narinder Singh’s case supra for accepting the settlement and quashing the proceedings. 12. In the case at hand also, offences alleged to have been committed by the accused do not involve offences of moral turpitude or any grave/heinous crime, rather same are petty offences, as such, this Court deems it appropriate to quash the FIR as well as consequential proceedings thereto, especially keeping in view the fact that parties have compromised the matter inter se them, in which case, possibility of conviction is remote/bleak and no fruitful purpose would be served in continuing with the criminal proceedings. 13. 13. Since parties have compromised the matter with each other and complainant, at whose instance FIR sought to be quashed in the instant proceedings came to be lodged, is no more interested in pursuing the criminal prosecution of the petitioner, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for quashing of the FIR along with all consequential proceedings. 8 14. Consequently, in view of the aforesaid discussion as well as law laid down by the Hon’ble Apex Court (supra), FIR No.77 of 2020 dated 14.02.2020, under Section 279, 337 and 338 of Indian Penal Code, registered at Police Station Sadar, Una, District Una, Himachal Pradesh, along with consequential proceedings is quashed and set aside. Accused are acquitted of the charges framed against them. 15. Since accused No.1, who was riding the motorcycle, was without insurance, he is directed to pay fine to the tune of Rs.2,000/- within a period of six weeks from today, which shall be deposited in the District Treasury, Una, failing which he shall render himself liable for penal consequences as well as contempt of Court. The petition stands disposed of in the aforesaid terms, along with all pending applications. August 24, 2026 (Sandeep Sharma), Sunil Judge