Can Criminal Proceedings Under Sections 279 and 337 IPC Be Quashed on the Basis of a Voluntary Compromise Between the Accused and Injured? — Reaffirmation of Jurisprudence by the Himachal Pradesh High Court

Summary

Category	Data
Case Name	CRMMO/1000/2025 of GULSHAN KUMAR Vs STATE OF HP AND ORS
CNR	HPHC010630162025
Date of Registration	15-10-2025
Decision Date	31-10-2025
Disposal Nature	Allowed
Judgment Author	HON’BLE MR. JUSTICE VIRENDER SINGH
Court	High Court of Himachal Pradesh
Bench	Single Judge Bench
Precedent Value	Binding on subordinate courts in Himachal Pradesh
Type of Law	Criminal Law / Procedural Law (Section 528 BNSS; Sections 279, 337 IPC)
Questions of Law	Whether proceedings under Sections 279, 337 IPC can be quashed pursuant to a voluntary compromise between accused and complainant/injured.
Ratio Decidendi	Where the complainant and injured party voluntarily compromise in offences under Sections 279 and 337 IPC, and such compromise is genuine, the High Court may exercise its jurisdiction to quash the FIR and all consequential proceedings. The primary purpose of law is to maintain peace and harmony, and continuing prosecution in such circumstances is an abuse of process. Acceptance of a genuine compromise saves judicial time and serves the interest of justice. The Court must be satisfied as to the voluntariness and genuineness of the compromise before granting relief. Quashing is especially justified where the parties have buried their disputes and prosecution’s success is unlikely.
Facts as Summarised by the Court	An FIR was lodged on the basis of a road accident complaint, resulting in minor injury, and the parties subsequently entered into a voluntary compromise.

Category	Impact
Binding On	All subordinate courts in Himachal Pradesh
Persuasive For	Other High Courts on similar facts, subject to local procedural law

The judgment reaffirms that offences under Sections 279 and 337 IPC are of non-serious nature and can be quashed on the basis of a genuine, voluntary compromise between the involved parties.
The Court emphasized scrutinizing the voluntariness and authenticity of the compromise before quashing.
The state’s opposition is not decisive where the complainant and injured do not object.
Lawyers may cite this ruling for expeditious resolution of minor accident cases settled amicably.
The Court highlighted judicial economy as a factor: quashing in such cases saves precious trial court time for more serious matters.

The FIR concerned allegations of rash and negligent driving, registered under Sections 279 and 337 IPC.
The complainant and injured appeared voluntarily before the Court, confirmed the compromise deed, and stated on oath that it was entered freely, without coercion.
The Court noted that once the complainant—the initiator of criminal proceedings—supports the compromise, prospects of conviction become dim.
Continuing criminal proceedings after voluntary settlement is considered abuse of process.
The Court underscored that the purpose of criminal law includes promotion of peace and harmony; quashing such proceedings encourages this goal.
Acceptance of compromise preserves judicial resources and avoids unnecessary litigation.
Satisfaction about the genuineness and voluntariness of the compromise is a precondition for quashment.

The petitioner was neither rash nor negligent; the incident was due to an error of judgment.
Settlement has been reached voluntarily with the complainant and the injured.
Sought quashing of FIR and proceedings to maintain cordial future relations.

Filed status report narrating investigation and pendency of charge-sheet before trial court.

The case arose from a road accident on 06.11.2021 at Samkari, where the petitioner’s motorcycle allegedly collided with that of the complainant and another, causing injuries.
FIR No.169/2021 was registered under Sections 279 and 337 IPC at Police Station Bhoranj, District Hamirpur, Himachal Pradesh.
After investigation, the police filed its final report, and the matter was pending before the Additional Chief Judicial Magistrate.
During proceedings, the petitioner, complainant, and injured party entered into a voluntary compromise deed (Annexure P-2), leading to this quashing petition.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers the High Court to quash criminal proceedings resulting in abuse of process or to secure the ends of justice.
Sections 279 and 337 IPC relate to rash/negligent driving and causing hurt by such acts—classified as non-serious, compoundable offences.
The Court interpreted the statutory provisions as permitting quashing when criminal proceedings are pursued after a voluntary settlement in non-serious matters.

✔ Precedent Followed – The judgment reaffirms existing principles regarding quashing on the basis of compromise for non-serious, personal offences.