Neeraj Khanna Vs State of Hp and Others

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No. 111 of 2026 Date of Decision: 18.3.2026

_____________________________________________________________________ Neeraj Khanna ……...Petitioner Versus State of Himachal Pradesh and Ors.

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……...Petitioner Versus …....Respondents

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Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?

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For the Petitioner: Ms.Ranjana Chauhan, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for respondents No. 1 & 2. Ms. Nisha Chauhan, Advocate, for respondent No. 3. ___________________________________________________________________________

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Sandeep Sharma, J. (Oral)

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By way of present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, prayer has been made by the petitioneraccused for quashing of FIR No. 0107, dated 15.12.2023, registered at Police Station Chirgaon, District Shimla, H.P., under Section 407 of IPC, along with consequential proceedings pending in the competent court of law, on the basis of compromise.

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2. Precisely, facts of the case, as emerge from the record, are that the FIR sought to be quashed in the instant proceedings came to be lodged

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at the behest of respondent No.3-complainant, who while claiming himself

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to be owner of Abhinav Gas Agency, Dodra Kwar, alleged that on 23/24.9.2023, one vehicle bearing registration No. HP 63A 7398 had come from Baddi Gas Plant with 270 Gas Cylinders and at that time, petitioner herein, who was appointed as salesman unauthorizedly sold 40 cylinders of gas to the consumers. In the aforesaid background, FIR sought to be quashed came to be registered against the petitioner.

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3. Though after completion of investigation, police presented challan in the competent court of law, but before same could be taken to its logical end, parties entered into compromise, whereby they have resolved to settle their dispute amicably inter-se them. In the aforesaid backdrop, petitioner has approached this Court in the instant proceedings for quashing of FIR as well as consequent proceedings pending in the competent court of law.

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4. Though vide order dated 9.3.2026, this Court had granted time to respondent-State to file reply, but neither reply has been filed nor Investigating Officer has come present.

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5. Respondent No.3 complainant, who is present in the court and is represented by Ms. Nisha Chauhan, Advocate, states on oath that he, of his own volition and without any external pressure, has entered into

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compromise with the petitioner-accused, whereby both the parties have resolved to settle their dispute amicably. He stated that FIR is a result of mis-understanding and since petitioner has apologized for his behaviour and undertaken not to repeat such mistake in future, he shall have no objection in case FIR along with consequential proceedings is quashed and set aside and petitioner-accused is acquitted of the charges framed against him. While admitting contents of the compromise to be correct, complainant also admits his signatures thereupon.

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6. Having heard statement made on oath by respondent No.3, Mr. Rajan Kahol, learned Additional Advocate General fairly states that no fruitful purpose will be served in case FIR as well consequent proceedings are allowed to continue against the petitioner. He further states that otherwise also, chances of conviction are remote and bleak, on account of statement made by complainant, as such, this court can pass appropriate orders.

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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 Section 482 CrPC (now Section 528 BNSS ) is not to be exercised in the cases which involve

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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.

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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.

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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

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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 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.

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10. The Hon’ble Apex Court in Gian Singh v. State of Punjab and

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anr. (2012) 10 SCC 3 03 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,

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murder, rape, dacoity etc. However subsequently, the Hon’ble Apex Court

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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 further observed that when offences of a personal nature, burying them would bring about peace and amity between the two sides.

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11. Hon’ble Apex Court in its judgment dated 4^th 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.

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12. In the case at hand also, offences alleged to have been committed by the petitioner do not involve offences of moral turpitude or any grave/heinous crime, as such, this Court deems it appropriate to quash the FIR as well as consequential proceedings thereto, especially keeping in view the fact that the petitioner and the complainant have compromised the matter inter-se them, in which case, possibility of

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conviction of the petitioner is remote/bleak and no fruitful purpose would be served in continuing with the criminal proceedings.

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13. Since parties have compromised the matter with each other and respondent No.3, 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 of the petitioner for quashing of the FIR alongwith all consequential proceedings.

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14. Consequently, in view of the aforesaid discussion as well as law laid down by the Hon’ble Apex Court (supra), FIR No. 0107, dated 15.12.2023, registered at Police Station Chirgaon, District Shimla, H.P., under Section 407 of IPC, along with consequential proceedings, is quashed and set aside. Accused is acquitted of the charges framed against him.

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15. The petition stands disposed of in the aforesaid terms, along with all pending applications.

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March 18, 2026 (manjit)

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(Sandeep Sharma), Judge

Neeraj Khanna v. State of Hp and Others

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Neeraj Khanna v. State of Hp and Others

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