Decided On : 10.12.2025 vs State Of Himachal Pradesh & Anr
2025 Latest Caselaw 9691 HP

Himachal Pradesh High Court

Decided On : 10.12.2025 vs State Of Himachal Pradesh & Anr on 10 December, 2025

Author: Virender Singh

Bench: Virender Singh

2025:HHC:42901

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 1122 of 2025 Decided on : 10.12.2025

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    Happy Rana                                                                ...Petitioner
                                              Versus





    State of Himachal Pradesh & Anr.                                      ...Respondents




                                                   of
    Coram

The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1

For the petitioner : Petitioner in person with Mr. rt Karanveer Singh, Advocate.

For the respondents : Mr. Tejasvi Sharma, Mr. H.S.

Rawat, Additional Advocates General and Ms. Ranjna Patial, Deputy Advocate General, for

respondent No. 1.

Respondent No. 2 in person, with Mr. Nitish Negi, Advocate.

Virender Singh, Judge (oral).

Petitioner-Happy Rana 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. 147/2020, dated 03.10.2020,

(hereinafter referred to as 'FIR in question') registered

under Sections 279, 337, 338 of Indian Penal Code,

Whether Reporters of local papers may be allowed to see the judgment? Yes.

2 2025:HHC:42901

(hereinafter referred to as the 'IPC') and Sections 181 and

185 of Motor Vehicles Act, with Police Station Dehra,

.

District Kangra, H.P., as well as, the proceedings resultant

thereto, pending before the Court of learned Additional

Chief Judicial Magistrate, Dehra, District Kangra, H.P.

(hereinafter referred to as the 'trial Court'), on the basis of

of the compromise, which is stated to have taken place

between the petitioner and respondent No. 2.

rt

2. The present petition has been filed by the

petitioner, on the ground, that on 03.10.2020, on the

statement of respondent No. 2, FIR in question was

registered against him, in which, the police has conducted

the investigation and submitted charge sheet before the

learned trial Court.

3. It is his further case that during the pendency

of those proceedings, matter has now been compromised

and on the basis of compromise, a prayer for quashing of

the FIR in question has been made.

4. On the basis of above facts, a prayer has been

made to allow the petition, as prayed for.

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5. When put to notice, police has filed the status

report, disclosing therein, that on 03.10.2020, at about

.

7:00 - 7:15 pm, while respondent No. 2­complainant

Akshay Kumar, along with Kamal and Keshav, had gone

for running practice, when, they reached near vegetable

shop at place Batwad, one motorcycle hit respondent No.

of 2­complainant from behind, due to which, he sustained

multiple injuries and his two teeth were broken on the rt spot. The accident took place due to rash and negligent

driving of motorcycle rider i.e. Happy Rana (petitioner).

Thereafter, FIR in question has been registered and the

criminal machinery swung into motion. On completion of

the investigation, challan against the petitioner has been

filed, which is pending adjudication, before the learned

trial Court.

6. Complainant/injured has been impleaded as

respondent No. 2, in this case, who has put appearance

along with his Counsel. Respondent No. 2 has made a

categorical statement that he sustained injuries in the

accident and on his statement, police registered the FIR in

question, against petitioner Happy Rana. Thereafter, the

4 2025:HHC:42901

police conducted the investigation and after the

investigation, charge­sheet has been filed, which is

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pending before the learned trial Court.

7. According to respondent No. 2, the matter has

now been compromised, in terms of compromise Annexure

P­3, which bears his signatures encircled red at point A.

of The said compromise is stated to have been effected

between the parties out of their sweet free will and without rt any coercion.

8. Similar type of statement has also been made

by the petitioner.

9. Heard.

10. On the basis of above facts, learned counsel,

appearing for the petitioner, has submitted that there is no

previous criminal history of the petitioner, and according to

him, the accident in question seems to have taken place

due to the error of judgment. As such, it has been prayed

that petitioner, as well as, respondent No. 2, have taken

positive steps to settle the dispute and said efforts should

be recognized by the Court.

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11. When, the person who has put the criminal

machinery into motion has deposed, on oath, by stating

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that the matter has been compromised, then, permitting

the proceedings against the petitioner to continue would be

nothing, but, the abuse of process of law. The chances of

success of the case of the prosecution against the

of petitioner are also not so bright.

12. Moreover, the acceptance of the petition will rt also save the precious judicial time of the learned trial

Court and the learned trial Court will be in a position to

devote such time for the decision of some other serious

matters.

13. Considering all these facts, the petition is

allowed. FIR No. 147/2020, dated 03.10.2020, under

Sections 279, 337, 338 of IPC and Sections 181 and 185 of

Motor Vehicles Act, registered with Police Station Dehra,

District Kangra, H.P., as well as, proceedings resultant

thereto, pending in the learned trial Court, are ordered to

be quashed.

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14. The compromise deeds Annexure P­3, as well

as, statements of the parties, recorded today shall form

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part of this order.

15. Pending applications, if any, also stand

disposed of.

of ( Virender Singh ) Judge 10th December, 2025 rt (Pramod Kumar)