Allowed

Paras v. State of Hp and Anr.

Himachal Pradesh HC11 Nov 2024CRMMO/614/2024

Case brief

AI extract

What is this about?

Petition to quash an accident-related FIR after the complainant and accused compromised. Both parties confirmed the compromise on oath before the court, which found continuation of proceedings would be an abuse of process and quashed the FIR and pending trial proceedings.

What did the court decide?

FIR No.29/2019 dated 30.01.2019, PS Balh, Mandi, and resultant proceedings pending before CJM Mandi were ordered to be quashed.

Paras Vs State of Hp and Anr. — Motor Accident Claims | Himachal Pradesh HC (2024)

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( 2024:HHC:11219 )

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No.614 of 2024 Decided on : 11.11.2024

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Paras …Petitioner

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Versus

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State of Himachal Pradesh & Another …Respondents

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Coram

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The Hon’ble Mr. Justice Virender Singh, Judge.

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Whether approved for reporting?¹

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For the petitioner : Mr. Rajesh Kumar, Advocate. For the respondents : Mr. Mohinder Zharaick, Additional Advocate General, for respondent No.1. Mr. Maan Singh, Advocate, for respondent No.2.

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Virender Singh, Judge (oral).

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Petitioner-Paras, 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.29/2019, dated 30.01.2019 (hereinafter referred to as the FIR, in question), registered with Police Station, Balh, District Mandi, H.P., under Sections 279, 337, 338 of the Indian Penal Code, (hereinafter referred to as the ‘IPC’) and Sections 181 &

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1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

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( 2024:HHC:11219 )

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187 of the Motor Vehicles Act, (hereinafter referred to as the ‘MV Act’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Chief Judicial Magistrate, Mandi, District Mandi, H.P. (hereinafter referred to as the ‘trial Court’).

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The relief of quashing has been sought on the basis of the compromise effected between the parties.

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According to the petitioner, on the complaint of respondent No.2, the FIR, in question, has been registered against him.

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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.

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According to the petitioner, he, as well as, respondent No.2, with the intervention of the respectables of the society and in order to maintain their future cordial relations, has compromised the matter.

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Another reason for compromise, as pleaded in the petition, is that the petitioner was neither rash nor negligent, but, the accident had taken place due to

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( 2024:HHC:11219 )

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confusion and error of judgment. The Compromise Deed is Annexure P-2.

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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, pending before the learned trial Court.

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When put to notice, respondent No.1-State has filed reply, 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 final report under Section 173(2) Cr.PC, which is pending adjudication before the learned trial Court.

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The petitioner has impleaded the complainant, as respondent No. 2.

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Respondent No.2-complainant, appeared before the Court on 17.7.2024, and deposed, on oath, that in the incident, he had sustained injuries and had lodged, the FIR, in question. He has also admitted his signatures on the Compromise Deed Annexure P-2.

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4 ( 2024:HHC:11219 )

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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.

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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 compromise has been effected voluntarily, without any influence from any person.

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Similar type of statement has been made by the petitioner, on oath.

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Heard.

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In this case, the criminal machinery was put into motion, by respondent No.2, 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 he had entered into a compromise with the petitioner.

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Once, the person, who had put the criminal machinery into motion, has compromised the matter with

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5 ( 2024:HHC:11219 )

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the petitioner, in such situation, the chances of success of prosecution case against the petitioner are not so bright.

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When the parties, have buried all their disputes, by compromising the matter, vide compromise Annexure P-2, then, permitting the proceedings to continue against the petitioner, would be nothing, but abuse of process of law.

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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, respondent No.2 to live peacefully in the society.

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Even otherwise, acceptance of the compromise, by this Court, will save the precious judicial time of the learned trial Court, which, the learned trial Court will be in a position to devote for the decision of some other serious matters, pending before it.

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Moreover, this Court is satisfied with the genuineness of the compromise Annexure P-2, entered into between the parties.

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6 ( 2024:HHC:11219 )

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Considering all these facts, the petition is allowed and FIR No.29 of 2019, dated 30.01.2019, registered with Police Station, Balh, District Mandi, H.P., under Sections 279, 337 and 338 of the IPC and Sections 181 & 187 of MV Act, as well as, the proceedings resultant thereto, pending before the learned trial Court, are ordered to be quashed.

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The compromise deed, Annexure P-2, and the statements of the parties, recorded in the Court, shall form part of the judgment.

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Pending miscellaneous applications, if any, shall also stand disposed of accordingly.

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( Virender Singh ) Judge

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November 11, 2024 (ps)

Paras v. State of Hp and Anr.

Case brief

What is this about?

What did the court decide?

Paras v. State of Hp and Anr.

Case brief

What is this about?

What did the court decide?

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