RAJINDER KAUR Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 186/2005 registered at Police Station Rajinder Nagar under Sections 279/338 of IPC. The FIR in this case was lodged by one Matloob, who alleged that while he was driving a motorcycle, he was hit by car No. PB-10Y-2589, which was being driven by a girl.

(2.) A perusal of the charge sheet and statements of witnesses recorded under Section 161 of the Code of Criminal Procedure, copies of which have been placed on record by the learned counsel for the petitioner, shows that the complainant Matloob was the only witness who could have proved the alleged criminal rashness and/or negligence on the part of the petitioner, who is alleged to be the driver of the car that had hit the complainant.

(3.) The complainant Matloob has since died, on account of injuries sustained by him in some other accident in respect of which FIR No. 33/2009 was registered at Police Station Delhi Cantt. On 23rd November 2009 statements of Smt. Husna and Ms. Reshma, daughters of deceased Matloob and Sh. Parvez Khan, son of deceased Matloob, were recorded in this case. They confirmed that their father had met with an accident in the year 2009. That accident was reported vide FIR No. 33/2009 registered at Police Station Delhi Cantt under Sections 279/304- A of IPC. They further confirmed that their father did not die on account of the injuries sustained in the accident reported vide FIR No. 186/2005 lodged at Police Station Rajinder Nagar. This was further confirmed in the report filed by SHO Police Station Delhi Cantt, on 25th November 2009.