RAJ KUMAR GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482, Code of Criminal Procedure, 1973 (for short, the Code) for quashing the proceedings initiated on the basis of F.I.R. No. 627, dated October 19, 1984, under Sections 304-A/337/279, Indian Penal Code, pending in the Court of Sub-Divisional Magistrate, Jagadhri.

(2.) THE facts leading to this petition are in a very narrow compass. The F.I.R. No. 627 was lodged against the petitioner on October 19, 1984, at Police Station City Yamunanagar, alleging therein that the petitioner was driving a Car No. HYX-808 on 15.10.1984 when he met with an accident with a bullock cart and one Barjinder Singh and his wife Smt. Krishana Devi suffered injuries in the accident and that Barjinder Singh died on 16.10.1984 in the Post Graduate Institute of Medical Education and Research at Chandigarh because of the injuries suffered by him. After necessary investigation, the petitioner was challaned and sent up for trial under the said offences. The trial Magistrate examind Krishana Devi, injured and the other two witnesses, namely Phul Singh and Zahid Khan. All these witnesses were declared hostile as they did not support the prosecution version. The Assistant Public Prosecutor made a statement in the Court which is in the following terms :

(3.) AS a result of the above discussion, the present petition is allowed and the proceedings against the petitioner arising out of F.I.R. No. 627 dated 19.10.1984 pending in the Court of Sub-Divisional Judicial Magistrate, Jagadhri are hereby quashed. Petition allowed