Sourav Patiyal @ Fandi Vs State of Hp and Another

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No.446 of 2026

Date of Decision: 03.06.2026

______________________ Sourav Patiyal @ Fandi	_______________ Versus	__________________ …….Petitioner
State of H.P. & another		… Respondent
______________________ 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. Navee	n K. Dhi	man, Advocate.
For the Respondents:	Mr. Rajan Additional Chauhan Advocates Mr. Sumit No.2.	Kahol Advocat & Mr. General Bains,	& Mr. Vishal Panwar, e Generals with Mr. Ravi Anish Banshtu, Deputy , for the respondent-State. Advocate, for respondent
___________________ Sandeep Sharma, Jud	__________ ge (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. 148 of 2023, dated 25.08.2023, under Sections 307, 353, 332, 504, 506 and 34 of IPC, registered at Police Station, Ghumarwin, District Bilaspur, Himachal Pradesh as well as consequent proceedings pending adjudication in the competent Court of law, on the basis of the compromise arrived inter se parties, whereby both the parties have resolved to settle their dispute amicably interse them.

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

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2. Precisely, the facts of the case, as emerge from the

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pleadings as well as other material adduced on record by the respective parties, are that FIR, sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.2, Anwar Khan ( hereinafter referred to as the complainant), who alleged that he had been working as Conductor and on 25.08.2023, at about 2.50 PM, while HRTC bus bearing registration No.HP-693992 had to go from Ghumarwin to Rishikesh, petitioner herein parked his Scorpio vehicle bearing registration No. HP-23-E-1000 on the middle of the road. He alleged that when he asked petitioner to remove his vehicle from the middle of the road, he not only extended threats to him but also gave him beatings, as a result thereof, he suffered simple as well as grievous injuries. In the aforesaid background, FIR came to be lodged against the petitioner. Though, after completion of the investigation, police has already 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 have resolved to settle the dispute amicably interse them. In the aforesaid background, 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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3. Pursuant to order dated 14.05.2026, respondent-State has filed status report, which is silent about the compromise.

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However, respondent No.2/complainant has come present in Court and is being represented by Mr. Sumit Bains, Advocate.

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4. Respondent-complainant states on oath before this Court that he of his own volition and without there being any external pressure has entered into the compromise with the petitioner, whereby they have resolved to settle their dispute amicably interse them. He states that FIR, sought to be quashed in the instant proceedings, is result of misunderstanding, coupled with the fact that petitioner-accused has already apologized for his misbehaviour and misconduct and has undertaken not to repeat such act in future and as such, he shall have no objection in case FIR as well as consequent proceedings pending in the competent Court of law are quashed and set aside and the petitioner-accused is acquitted of the charges framed against him. While admitting the contents of the compromise placed on record to be correct, he also admits his signatures upon the same. His statement is taken on record.

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5. Mr. Rajan Kahol, learned Additional Advocate General, after having heard the aforesaid statement made by respondent No.2/complainant, 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 are very remote and bleak in view of the statement made by respondent No. 2/complainant and

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as such, respondent-State shall have no objection in case the prayer made in the petition is allowed.

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6. 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 ( now section 528 of BNSS) 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( now section 528 of BNSS) 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( now section 528 of BNSS), the High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable and where the parties have

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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 distinct and different from the power of a Criminal Court to compound

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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( now section 528 of BNSS) 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 not 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

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committed by petitioners 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 as well as 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), FIR No. 148 of 2023, dated 25.08.2023, under Sections 307, 353, 332, 504, 506 and 34 of IPC, registered at Police Station, Ghumarwin, District Bilaspur, 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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June 03, 2026 (shankar)

Sourav Patiyal @ Fandi v. State of Hp and Another

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Sourav Patiyal @ Fandi v. State of Hp and Another

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