Sahil Kumar Vs State of Hp and Others

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No.674 of 2026 Date of Decision: 03.07.2026

_______________________________________________________ Sahil Kumar …….Petitioner Versus State of H.P. & Ors. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹ For the Petitioner: Mr. Sanjeev Kumar Suri, Advocate. For the Respondents : Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for respondents No.1 to 3-State. Ms. Divya Rajta, Advocate, for respondents No.4 & 5. _______________________________________________________ Sandeep Sharma, Judge (oral):

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By way of instant petition filed under Section 528 of

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Bharatiya Nyaya Sanhita, 2023 (in short “ BNS ”), prayer has been made on behalf of the petitioner-accused (in short “ accused ”) for quashing of FIR No.79 of 2025 dated 12.07.2025 under Sections 281, 125(a) and 106(1) of Bharatiya Nyaya Sanhita, registered at Police Station Jawalamukhi, District Kangra, H.P., as well as consequent proceedings, if any, pending adjudication in the competent court of law, on the basis of the compromise arrived at inter se parties, whereby they have resolved to settle dispute amicably inter se them.

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

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pleadings as well as other material adduced on record are that FIR

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

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sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.5, Mr. Rajeev Kumar (hereinafter to be referred to as ‘ complainant ’), who alleged that on 12.07.2025, while he along with his brother Sunil Kumar was going towards Jawalamukhi from Sihunta in a car bearing registration No.HP-36F-1887 and had reached near Kathog, a motorcycle bearing registration No. HP-83-A-0436 being driven by the accused i.e. Sahil Kumar came at a high speed and while overtaking his car, collided with bus bearing registration No.PB-10HT-3729, which at relevant time was coming from opposite side, as a result thereof, accused as well as pillion rider Nishant fell on the ground and suffered multiple injuries. Since complainant alleged that accident occurred on account of rash and negligent driving by the accused, FIR, as detailed hereinabove, came to be instituted against him. Unfortunately, in the alleged accident, pillion rider namely Nishant passed away.

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Though, after completion of investigation, Police has already presented challan in the competent court of law against the accused, but before same could be taken to its logical end, parties have entered into compromise, whereby they have resolved to settle the dispute amicably inter se them, and as such, accused has approached this Court in the instant proceedings, for quashing of FIR as well as consequent proceedings, if any, pending adjudication in the

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competent court of law.

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4. Pursuant to directions issued by this Court, respondent-

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State has filed status report issued under the signatures of SHO Police Station Jawalamukhi, Police District Dehra, Himachal Pradesh, wherein factum of compromise has been duly acknowledged.

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Complainant has come present and is represented by Ms. Divya Rajta, Advocate. Complainant states on oath that he of his own volition and without any external pressure has entered into compromise with the accused, whereby both the parties have resolved to settle dispute amicably inter se them. He states that FIR sought to be quashed is a result of misunderstanding, because at no point of time, I disclosed to the police that accident had occurred on account of rash and negligent driving of the petitioner, rather accident occurred on account of the fact that while driver of the motorcycle was overtaking his vehicle, he lost his balance on account of pothole on the road. He states that since he simply informed the police with regard to the accident, coupled with the fact that family of the deceased Nishant, who is otherwise closely related to the accused, have settled the matter inter se them, he does not wish to prosecute the case further and shall have no objection in case, prayer made for quashing of FIR through instant petition is accepted and accused is acquitted of charges framed against him. While admitting contents of compromise placed on record to be correct, he also admits his signatures thereupon. His statement is taken on record.

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6. Respondent No.4 has also come present and states

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before this Court that she of her own volition and without any external pressure has entered into compromise with the complainant, whereby whereby both the parties have resolved to settle dispute amicably inter se them. She States that FIR sought to be quashed is a result of misunderstanding, because accident did not occur on account of rash and negligent driving of the petitioner, who is otherwise her nephew, rather accident occurred on account of existence of pothole on the road. She states that since accused took care of her son, while he was under treatment, she does not wish to prosecute the case further and shall have no objection in case, prayer made for quashing of FIR through instant petition is accepted and accused is acquitted of charges framed against him. While admitting contents of compromise placed on record to be correct, she also admits her signatures thereupon. Her statement is taken on record.

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After having heard aforesaid statements made on oath by the complainant and respondent No.4, Mr. Ravi Chauhan, learned Deputy Advocate General, fairly states that no fruitful purpose would be served in case FIR as well as consequent proceedings pending adjudication in the competent court of law are allowed to sustain, rather pendency of the same may further widen the rift inter se parties. He further states that otherwise also, chances of conviction of the accused are very remote and bleak on account of statements

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made by the complainant and respondent No.4 on oath, as such, this court may proceed to pass appropriate orders.

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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 Cr.P.C (hereinafter to be referred to as the “ Code ”) is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc., as 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 above, clearly depicts that in para 29.1, Hon’ble Apex Court has returned the findings that power conferred under Section 482 Cr.P.C is to be distinguished from the power which lies in the Court to compound the offences under Section 320 Cr.P.C. No doubt, under Section 482 Cr.P.C, 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 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 are 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 the accused 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 accused and complainant have compromised the matter inter se 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.79 of 2025 dated 12.07.2025 under Sections 281, 125(a) and 106(1) of Bharatiya Nyaya Sanhita, registered at Police Station Jawalamukhi, District Kangra, H.P., as well as consequent proceedings, if any, pending adjudication in the competent court of law are quashed and set aside qua accused. 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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July 03, 2026 (sunil)

Sahil Kumar v. State of Hp and Others

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Sahil Kumar v. State of Hp and Others

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