The court held that a genuine compromise between the parties, supported by witness testimonies, can justify quashing an FIR and related proceedings.

JUDGMENT :

Virender Singh, J.

Petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No.127/2024, dated 02.12.2024 (hereinafter referred to as the FIR, in question), registered with Police Station Barsar, District Hamirpur, H.P., under Sections 281 and 125(b) 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 Judicial Magistrate First Class, Barsar, District Hamirpur, 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 petitioner and respondent No.2, who is injured, in the accident. Petitioner has also impleaded complainant as respondent No.3, in the present case.

3. As per the case, set up by the petitioner, on the complaint, made by respondent No.3 to the police, FIR in question has been registered against him.

3.1. According to the petitioner, complainant is having stationary shop near Government College, Barsar and on 02.12.2024, she was sitting on bench outside of her shop and at about 02:30 pm, one motorcycle, bearing No.HP21-A-2689, being driven by respondent No.1, was going towards Barsar at a normal speed and at the same time, she heard a collision sound and saw that motorcycle was fallen down after about 30-40 mts away from her shop, upon which, she went to the place of accident and saw that both riders were injured, who were taken to local college student for treatment.

3.2. As per the further contents of the complaint, thereafter, it was found that on the spot, two motorcycles were collided, one is motorcycle, bearing No.HP21-A-2689, being driven by respondent No.1, and other motorcycle was without number plate, which was being driven by the petitioner.

4. As per the petitioner, thereafter, FIR in question has been registered. Police has conducted the investigation and submitted the charge-sheet, which is now pending adjudication, before the learned trial Court.

5. According to the petitioner, the matter has now been compromised between him and respondent No.2, who has lodged the FIR, in question, against him. The Compromise Deed is Annexure P-2.

6. 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, as well as, proceedings resultant thereto, pending before the learned trial Court.

7. 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.3, as well as, the manner, in which, the investigation has been conducted, by the police, in this case and submitted the charge-sheet, which is pending adjudication, before the learned trial Court.

8. The complainant, who has put the criminal machinery into motion, in this case, has been arrayed as respondent No.3. The petitioner has also impleaded the injured, as respondent No.2, in this case.

9. Today i.e. on 16.05.2025, respondent No.3- complainant, appeared before the Court and deposed, on oath, that on 02.12.2024, she heard the noise of accident and on the basis of her statement, FIR, in question, has been lodged and after registration of the FIR, police has conducted the investigation and submitted the charge- sheet, against the petitioner, which is pending before the learned trial Court.

10. Today, respondent No.2 also appeared before the Court and deposed, on oath, that on 02.12.2024, an accident had taken place, in which, he had sustained injuries. However, he has categorically deposed that there was no negligence on the part of the petitioner and the accident in question had taken place due to error of judgment.

10.1. Respondent No.2 has deposed about the compromise, which has taken place, between him and the petitioner. The Compromis