Sahil Vs the State of Hp and Others

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2026:HHC:6511

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No.118 of 2026

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Date of Decision: 10.03.2026

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____________ ___________________________________________ Sahil …….Petitioner Versus State of H.P. & others … Respondents _______________________________________________________ Coram:

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Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹

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For the Petitioner:	Mr. Yug Advocates	Singhal & Mr. .	Hitender	Verma,
For the Respondents:	Mr. Rajan Additional Chauhan Advocates	Kahol & Mr. Advocate Gener & Mr. Anish General, for the	Vishal als with Banshtu, responde	Panwar, Mr. Ravi Deputy nt-State.
	Mr. Shiva Ananya responden	m Sharma, Ad Kiran Sharma, t Nos. 2 and 3.	vocate Advoc	vice Ms. ate, for
___________________ Sandeep Sharma, Judg	_________ e (oral):	______________	_______	______

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By way of instant petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,2023, prayer has been made on behalf of the petitioner for quashing of FIR No.0002 of 2026, dated 01.01.2026, under Sections 281 and 125(a) of Bhartiya Nyaya Sanhita, registered at police Station, Dharamshala, District Kangra, Himachal Pradesh as well as consequent proceedings pending adjudication in the competent Court of law, on the basis of the

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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compromise arrived inter se parties, whereby both the parties have resolved to settle their dispute amicably interse them.

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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, Sh. Sachin Kumar ( hereinafter referred to as the complainant), who alleged that on 01.01.2026, at about 2.15 PM, while he was standing near his Fast Food Shop at Khaniyara Patola road, person namely, Pallvi was also standing near his shop. He alleged that, while he was talking to Pallvi, a car bearing registration No.HP-54-A-9138 came in high speed from opposite side and hit motorcycle bearing registration No. PB-07AR-1134 being driven by respondent No.3, Piyush, as a result of which, above named Piyush suffered multiple injuries. Though, after completion of the investigation, police has presented the challan in the competent Court of law, but before same could be taken to its logical end, parties have entered into compromise, whereby they resolved to settle the dispute amicably interse them. In the aforesaid background, prayer has been made on behalf of the petitioner for quashing of the FIR as well as consequent proceedings.

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3. Despite sufficient opportunities, respondent-State has not filed the status report, whereas respondent No.3/injured Piyush as well as respondent No.2/complainant Sachin Kumar have come present in Court . They state on oath before this Court that they of

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their own volition and without there being any external pressure have entered into the compromise with petitioner, whereby they have resolved to settle their dispute amicabl y interse them. They state that since FIR, sought to be quashed in the instant proceedings, is result of misunderstanding because offending vehicle was not being driven rashly and negligently by the petitioner, rather accident had occurred on account of error of judgment. They state that since respondent/injured has already recovered from the injuries suffered by him, coupled with the fact that petitioner has undertaken to be more careful in future, they do not wish to prosecute the case further and shall have no objection in case prayer made on behalf of petitioner for quashing of the FIR as well as consequent proceedings, if any, pending adjudication in the competent Court of law, is accepted and petitioner-accused is acquitted of the charges framed against him. While admitting the contents of the compromise placed on record to be correct, they also admit their signature upon the same. Their statements are taken on record.

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Mr. Ravi Chauhan, learned Deputy Advocate General, after having heard the aforesaid statements made by respondent No.2/complainant and respondent No.3/injured, 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. He further states that otherwise also, chances of conviction of petitioner-accused

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2026:HHC:6511

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are very remote and bleak in view of the statement made by respondent Nos. 2 and 3 and as such, respondent-State shall have no objection in case the prayer made in the petition is allowed.

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The question which now needs consideration is whether FIR’s 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 depravity or offences like murder, rape, dacoity, etc., since such offences are not private in nature and have a serious impact on society.

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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

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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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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 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. Aforesaid view taken by Hon'ble Apex Court has been further reiterated in Gian Singh v. State of Punjab and anr. (2012) 10 SCC 303.

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The Hon’ble Apex Court in case Gian Singh supra 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

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distinct and different from the power of a Criminal Court to compound the offences under Section 320 Cr.P.C. 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.P.C 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 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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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.

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In the case at hand also, offences alleged to have been committed by petitioner 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 the petitioner and respondent No.2/ complainant and respondent No. 3/ injured have compromised the matter interse them, in which case, possibility of conviction is remote and no fruitful purpose would be served in continuing with the criminal proceedings.

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Consequently, in view of the aforesaid discussion as well as law laid down by the Hon’ble Apex Court (supra), No.0002 of 2026, dated 01.01.2026, under Sections 281 and 125(a) of Bhartiya Nyaya Sanhita, registered at police Station, Dharamshala, District Kangra, Himachal Pradesh as well as consequent proceedings pending adjudication in the competent Court of law, are quashed and set aside. Accused is acquitted of the charges framed against him.

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The petition stands disposed of in the aforesaid terms, alongwith all pending applications.

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(Sandeep Sharma), Judge

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March 10,2026 (shankar)

Sahil v. the State of Hp and Others

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Sahil v. the State of Hp and Others

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