IMPORTANT POINT
A compromise between parties can lead to the quashing of an FIR when the complainant exonerates the accused, indicating a lack of prosecution's success.

JUDGMENT :

(Virender Singh, J.)

Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNS S ’), for quashing of FIR No.253 of 2024, dated 11.10.2024 (hereinafter referred to as the FIR, in question), registered with Police Station Baddi, District Solan, H.P., under Sections 106(1) and 125 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘ BNS ’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Additional Chief Judicial Magistrate, Nalagarh, H.P. (hereinafter referred to as the ‘trial Court’).

2. The relief of quashing has been sought on the basis of the compromise, effected between the parties.

3. According to the petitioners, the FIR, in question, has been registered against them, on the complaint of respondent No.4.

4. It has been averred in the petition that respondents No.2 and 3 are father and mother of deceased Subhan Safi, who used to work as cleaner with machinery (Digi Tanker) of petitioners, while respondent No.4 was driver of the said machinery.

5. It is the case of the petitioners that when, deceased Subhan Safi was unloading the pipes from the truck, he fell from the truck on the road and sustained injuries, which resulted into his death. Consequently, FIR in question is stated to have been lodged against the JMD Enterprises and being partners of the said firm, petitioners have been arrayed as accused.

6. As per the petitioners, the matter has amicably been compromised, between the parties to the petition. The Compromise Deed has also been annexed with the petition as Annexure P-2.

7. On the basis of the said compromise, a prayer has been made to allow the petition, as prayed for, by quashing the FIR, in question.

8. When, put to notice, respondent No.1-State has filed the status report, mentioning therein, the circumstances, in which, the FIR, in question, has been registered, at the instance of respondent No.4, as well as, the manner, in which, the investigation has been conducted, by the police, in this case.

9. The petitioners have impleaded the parents of the deceased as respondents No.2 and 3 and complainant, as respondent No.4, in this case.

10. Today, respondent No.4-complainant, appeared before the Court and deposed, on oath, that in the month of October, 2024, he was working as Tanker Driver with JMD Enterprises, Chandigarh. According to him, on 11.10.2024, an accident had taken place, in which, Subhan Safi had sustained fatal injuries and expired.

11. Respondent No.4/complainant has further deposed that on his statement, FIR in question has been registered against the petitioners. Thereafter, police has conducted the investigation and submitted the charge- sheet, which is stated to be pending adjudication, before the learned trial Court. He has further deposed that in the said accident, there was no negligence on the part of the petitioners.

12. Apart from this, respondent No.4 has also deposed that now, the matter has been settled with the petitioners, vide Compromise Deed Annexure P-2. He has also deposed that in view of the compromise, he has no objection, if the present petition is allowed, as prayed for.

13. In addition to this, respondent No.4 has also shown his voluntariness and willingness to enter into the compromise with the petitioners, by stating that compromise has been effected out of his free will, consent and without any pressure.

14. Similar type of joint statement has also been made by respondents No.2 and 3, on oath.

15. Both respondents No.2 and 3 have deposed about the compromise, which has taken place, between them, respondent No.4 and the petitioners. The Compromise Deed is annexed with the petition as Annexure P-2.

16. Not only this, respondent No.2 has also identified his signatures, over the Compromise Deed, Annexure P-2. Both respondents No.2 and 3 have also shown their voluntariness and willingness to enter into the compromise wi