NARESH KUMAR Vs. OM PRAKASH & OTHERS

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No.69/2019 dated 28.2.2019 under Sections 279 , 337 and 338 of Indian Penal Code ( for short ' IPC ') and Section 196 of the Motor Vehicles Act, registered with Whether reporters of the Local papers are allowed to see the judgment? Police Station, Balh, District Mandi H.P., as well as consequent proceedings in Police Challan No.90 of 2019, titled as State of H.P and Naresh Kumar, pending adjudication in the Court of learned Judicial Magistrate, 1st Class, Court No. 1, Mandi, District Mandi, Himachal Pradesh, on the basis of the compromise arrived inter se parties (Annexure P3).

(2.) Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR, sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.1/complainant, namely Sh. Om Prakash, who alleged that on 28.2.2019, respondents No.2 and 3 were hit by motorcycle bearing registration No. HP31B5228 being driven by the petitioner, as a consequence of which, they suffered injuries. After completion of the investigation in the aforesaid FIR, challan stands filed in the Court of learned Judicial Magistrate,1st Class, Court No.1, Mandi, District Mandi, H.P, and same is pending adjudication. However, fact remains that during the pendency of the case before the learned Court below parties have resolved to settle their dispute amicably inter se them, as is evident from compromise (Annexure P3), whereby the petitioner and respondents No.2 and 3 have resolved to settle their dispute amicably inter se them.

(3.) Mr. Praveen Kumar, Advocate has filed Power of Attorney on behalf of respondents No.2 and 3, who are otherwise present in Court. Above named counsel states on instructions of his clients that during the pendency of the proceedings before the Court below, parties have resolved to settle their dispute amicably inter se them in terms of compromise (Annexure P3)and and as such, they shall have no objection in case the prayer made in the petition is allowed.