Vinay Bhatia Vs State of Hp and Ors.

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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Cr. MMO No. 918 of 2025

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Decided on : 6.10.2025

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Vinay Bhatia

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…Petitioner Versus

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State of H.P. & ors. …Respondents ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________

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…Respondents

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For the Petitioner : Petitioner in person with Ms. Vandana Thakur, Advocate.

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For the Respondents : Mr. H.S. Rawat, Additional Advocate General, for respondent Nos.1 to 3.

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Respondent Nos. 4 and 5 in person with Ms. Narvada, Advocate. Virender Singh, Judge (oral)

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The petitioner has filed the present petition,

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under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the B.N.S.S.) for quashing of FIR No. 169 of 2020, dated 5.11.2020 (hereinafter referred to as ‘the FIR in question’),

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registered under Sections 279, 337 and 338 of India Penal Code (hereinafter referred to as ‘the IPC’) with Police Station, Nadaun, District Hamirpur, H.P., as well as, the proceedings resultant thereto, stated to be pending before the Court of learned Additional Chief Judicial Magistrate, Nadaun, District Hamirpur, H.P., (hereinafter referred to as ‘the trial Court’).

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Brief facts, as borne out from the record, are that on 5.11.2020, complainant (respondent No. 4) got recorded his statement, under Section 154 of Cr.P.C. with the Police

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of Police Station, Nadaun, District Hamirpur, H.P., disclosing therein, that on 5.11.2020, at about 2:40 p.m, he was standing near Jagdambey Agro Industries Hamirpur Road Jaladi. He noticed that respondent No. 5 was turning his car, bearing registration No. HP55A-5150. In the meanwhile, from Nadaun side, one motorcycle bearing registration No. HP55B-7978, being driven by its driver, came there on high speed and struck against the car, being driven by respondent No. 5. In the said accident, respondent No. 5 sustained injuries.

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Thereafter, on the statement of respondent No. 4,

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FIR in question was registered.

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During investigation of the case, with the intervention of the respectables of the society, the matter has been compromised between the parties.

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The terms and conditions of the compromise have been reduced into writing, which has been annexed with the petition, as Annexure P-2.

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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.

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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.

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It is the further case of respondent-

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State that after completion of investigation, report under Section 173 Cr. P.C. has been filed, which is pending adjudication, before the learned trial Court.

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Today, respondent No. 4, who, has put criminal machinery into motion, has appeared in Court and has made a statement, on oath, about the

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manner, in which, he has lodged the FIR in question

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and factum of the compromise, which has been

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effected, between the parties, in order to maintain cordial relations, between him, respondent No. 5 and the petitioner.

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Lastly, respondent No. 4, 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.

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Similar type of statement has also been made

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by respondent No. 5 and the petitioner. The petitioner has deposed that he could not control his motorcycle, due to which, accident had taken place.

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Heard.

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From the facts, as mentioned in the petition,

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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.

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The person, who had put the criminal

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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.

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In view of the compromise deed, Annexure P-2, which bears the signatures of petitioner and respondents No. 4 and 5, respondents No. 4 and 5 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.

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The primary purpose of law is to maintain peace in the society and when, the parties to the lis, i.e. petitioner and respondents No. 4 and 5, have buried their disputes and compromised the matter, then, the continuation of the criminal proceedings, arising out of the FIR in question, lodged by

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respondent No. 4, would certainly amount to abuse of the process of law.

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Acceptance of the compromise will help the parties to live peacefully in the society and also save the precious 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.

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