IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 374 of 2024 Reserved on: 20.12.2024 Date of Decision: 27.12.2024 Ashish Kumar ...Petitioner Versus State of H.P. & anr. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting? No For the petitioner : Mr. Lakshay Parihar, Advocate.

For the respondents : Mr. Tarun Pathak, Deputy Advocate General, for respondent No.1.

None for respondent No.2.

Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 264 of 2022 dated 24.12.2022 registered for the commission of offence punishable under Sections 279 and 337 of Indian Penal Code (in short ‘IPC’), at Police Station Haroli, District Una, H.P. and criminal proceedings bearing registration No.128 of 2023 titled State versus Ashish Kumar pending before learned Chief Judicial Magistrate, District Una because of the compromise effected between the parties.

2. It has been asserted that the police had registered the FIR against the petitioner. The matter has been settled between the parties, and the petitioner and the informant do not want to proceed further in the matter; hence, it was prayed that the present petition be allowed and the FIR and consequent proceedings be quashed.

3. This petition is opposed by filing a reply asserting that 94.20 mg % of ethyl alcohol was detected in the petitioner’s blood sample; hence, Section 185 of the Motor Vehicles Act was added. The petitioner was driving the bike in intoxication, which endangered the safety of the public. The offence punishable under Section 279 of IPC is not between two parties but against the society at large. Therefore, it was prayed that the present petition be dismissed.

4. The informant appeared before the Court on 30.05.2024 and made a statement that he had entered into a compromise with the intervention of the relatives and family members vide Annexure P2. He did not want to proceed further with the matter because of the compromise entered between him and the petitioner.

5. I have heard learned counsel for the parties and have gone through the records carefully.

6. This Court had already quashed the F.I.R. registered for the commission of offences punishable under Sections 279, 337, and

338 of IPC in Sushant vs State of H.P. 2023 HHC 531, Vikas Huda vs State of H.P. 2023 STPL 3009, Kulwidner Singh vs Ankush Kumar 2023 HLR384 and Nishant vs. State 2022 Suppl. Law Cases 45 based on compromise. These judgments are binding on this Court.

7. It was submitted that the offence punishable under Section 185 of the Motor Vehicles Act cannot be quashed because of the compromise. This submission is not acceptable. This Court had already quashed the F.I.R. registered for the commission of offences punishable under Section 185 of Motor Vehicles Act in Rajender Thakur versus State of H.P. 2022 STPL 10700 HP, Harish Sharma versus State of H.P., 2022 STPL 10696 HP, Suresh Kumar versus State of H.P., 2019 STPL 1580 HP and Suresh Kumar versus State of H.P, 2019 STPL 4144 HP, based on compromise. These judgments are binding on this Court.

8. Therefore, in view of these precedents, the submission that the offence punishable under Section 185 of the Motor Vehicles Act cannot be quashed because of the compromise is not acceptable.

9. Consequently, the present petition is allowed, and the FIR No. 264 of 2022 dated 24.12.2022 registered for the commission of offences punishable under Sections 279 and 337 of the IPC, at Police Station Haroli, District Una, H.P. and criminal proceedings bearing registration No.128 of 2023 titled State versus Ashish Kumar pending .

before learned Chief Judicial Magistrate, District Una are quashed

10. Petition stands disposed of in the above terms, so also pending applications, if any.

11. Parties are permitted to produce a copy of this judgment, downloaded from the webpage of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist on the productio