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2025 Supreme(Online)(HP) 7686

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Vishal – Appellant
Versus
State of H.P. and others – Respondent
Cr. MMO No. 436 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Abhinav Ghabroo
For the Respondents: Mr. Lokender Kutlehria, Ms. Nisha

The court affirms that FIRs filed under certain provisions can be quashed based on voluntary compromise among parties.

Headnote:The petitioner seeks to quash FIR No. 7 of 2025 for offences under Sections 281 and 125(a) of Bharatiya Nyaya Sanhita, 2023 and Section 187 of the Motor Vehicles Act, 1988, claiming a compromise between parties. Statements indicate voluntary compromise and no objection to quashing. The court identifies that analogous offences under IPC have been quashed previously based on compromise, asserting binding precedents. Resultantly, the petition is allowed, quashing FIR No. 7 of 2025 and related proceedings.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 436 of 2025 Reserved on: 11.8.2025 Date of Decision: 21.08.2025 Vishal ...Petitioner Versus State of H.P. and others ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?1 No.

For the petitioner : Mr. Abhinav Ghabroo, Advocate.

For the respondent-State : Mr. Lokender Kutlehria, Additional Advocate General.

For respondents No.2 &3 : Ms. Nisha, Advocate.

Rakesh Kainthla, Judge H The petitioner has filed the present petition for quashing of FIR No. 7 of 2025, dated 11.1.2025, registered at Police Station Palampur, District Kangra, H.P. for the commission of offences punishable under Sections 281 and 125 (a) of Bharatiya Nyaya Sanhita , 2023 ( BNS ), and Section 187 of Motor Vehicles Act , 1988 (MV Act) and consequential proceedings arising out of the said F.I.R. based on the compromise effected between the parties.

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. It has been asserted that the accident occurred due to unforeseen circumstances. The petitioner made arrangements for carrying the injured to the hospital, and the informant agreed not to proceed with the matter. Hence, the petition.

3. Statements of informant Nishant Bhatt and injured Lambo Devi were recorded on 16.6.2025, in which they stated that they had entered into a compromise with the petitioner voluntarily without any influence from any person, and they have no objection in case the FIR is ordered to be quashed based on the compromise effected between the parties.

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

5. The offence punishable under Section 281 of BNS corresponds to Section 279 of IPC, and the offence punishable under Section 125 (a) of BNS corresponds to Section 337 of IPC. This Court has already quashed the F.I.R. registered for the commission of offences punishable under Sections 279 and 337 of IPC in Sushant vs State of H.P. 2023 HLC 531, Vikas Huda vs. State of H.P. 2023 STPL 3009, Kulwidner Singh vs Ankush Kumar 2023 HLR

384 and Nishant vs. State 2022 Suppl. Law Cases 45 based on compromise. These judgments are binding on this Court.

6. Therefore, in view of these precedents, the present petition is allowed and FIR No. 7 of 2025, dated 11.1.2025, registered at Police Station Palampur, District Kangra, H.P. for the commission of offences punishable under Sections 281 and 125 (a) of Bharatiya Nyaya Sanhita , 2023 and Section 187 of Motor Vehicles Act , 1988 and consequent proceedings arising out of the said F.I.R. are quashed.

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

8. 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 production of a certified copy, but if required, may verify passing of the order from the Website of the High Court. (Rakesh Kainthla)

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