The High Court may exercise its inherent powers to quash criminal proceedings based on a compromise if the offences are not heinous or serious in nature and are predominantly personal, as continuing such proceedings would be an abuse of the process of law.

##PAGE1##

2026:HHC:19473

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No.450 of 2026

Date of Decision: 25.05.2026

__________________________________________________________________________

Baldev Kumar @ Bittu and Another ……...Petitioners

Versus

State of Himachal Pradesh and Others …....Respondents

Coram o

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?

__________________________________________________________________________

For the Petitioners: Mr. Ajay Kumar Chauhan, Advocate.

For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional

Advocates General, with Mr. Ravi Chauhan and

Mr. Anish Banshtu, Deputy Advocates General,

for State.

Ms. Anita Jalota, Advocate, for respondents No.4.

_________________________________________________________________________________

Sandeep Sharma, J. (Oral)

By way of present petition filed under Section 528 of the BNSS,

2023, prayer has been made by the petitioners-accused (for short

‘accused’) for quashing of FIR No.0093/2022, dated 13.10.2022, under

Sections 279, 337 and 338 of IPC and Sections 180 , 181 and 187 of the

Motor Vehicles Act, registered at Police Station Chirgaon, District Shimla,

Himachal Pradesh, along with consequential proceedings pending in the

competent Court of law, on the basis of compromise.

2. Precisely, the facts of the case, as emerge from the record are

that FIR sought to be quashed in the instant proceedings, came to be

lodged at the behest of respondent No.4-Hem Raj (hereinafter,

::: Downloaded on - 31/05/2026 13:42:37 :::CIS

2026:HHC:19473

2

‘complainant’), who alleged that on 12.10.2022, he along with his friend

Manoj Kumar, Sandesh Kumar and Vinod Singh consumed liquor at Telga

and thereafter at 02:30 pm, while they were going back to their houses, one

pick-up vehicle bearing No.HP-24-C-8265 being driven by Baldev Kumar @

Bittu, petitioner herein, came from opposite side. He alleged that driver of

the aforesaid pick-up stopped his vehicle in front of Manoj Kumar and

thereafter some altercation took plac e inter se Manoj Kumar and Baldev

Kumar @ Bittu. Complainant allreged that while Baldev Kumar @ Bittu was

parking his vehicle, he ran over one of the tyre of his vehicle on his foot, as

a result thereof, he souffered serious injuries. Complainant alleged that

driver of the pick-up vehicle fled away from the spot. Since complainant

alleged that accident occurred on account of rash and negligent driving of

the drivehr of pick-up vehicle, FIR sought to be quashed came to be lodged

against the petitioners.

3. Though after completion of investigation, Police has already

presented Challan in the competent Court of law, but before same could be

taken to its logical end, parties to the lis have decided to settle the dispute

amicably inter se them by way of compromise placed on record and as

such, petitioners have approached this Court in the instant proceedings,

praying therein to quash and set aside the FIR as well as consequent

proceedings pending before the competent Court of law.

4. In terms of order dated 14.05.2026, respondent-State has filed

status report, but the same is silent about compromise, if any, arrived inter

::: Downloaded on - 31/05/2026 13:42:37 :::CIS

2026:HHC:19473

3

se parties, however, respondent-complainant Hem Raj has com.e present

and is being represented by Ms. Anita Jalota, Advocate. He states on oath

that he of his own volition and without there being any external pressure

has entered into compromise with the petitioners/accused, whereby they

have decided to settle their dispute amicably