SUNITA BAJAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . FIR in this case was recorded on the statement of Manish Kumar, respondent No. 2, wherein, it was alleged that he, and his friend, while riding a motor cycle, were hit by a car, bearing registration No. DL -3C -AA -3645, which was being driven by the petitioner and on account of the hit, his friend received simple and he (the complainant) suffered grievous injuries. Even bones of his right and left feet were fractured. The FIR was recorded under 279/338 of the Indian Penal Code, 1860 (for short, 'IPC').

(2.) BY way of the instant petition under Section 482 of the Code of Criminal Procedure (for short," 'Cr.P.C.'), petitioner claims quashing of the aforesaid FIR, i.e., FIR No. 309 dated 27.6.2009, recorded at Police Station Central, Faridabad, under Sections 279/338, IPC, on the plea that offence under Section 338, IPC, has been allowed to be compounded by the learned trial Court vide order dated 19.8.2011 but offence under Section 279 IPC remains as non compoundable. However, the petitioner claims to have settled the matter with the complainant vide deed of compromise dated 19.8.2011 (Annexure P3).

(3.) COMPLAINANT -respondent No. 2, who is represented through counsel, owns the compromise and learned State counsel also has no objection to the quashing of FIR.