SHIVESH DUTT Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition is maintained by the petitioners under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 16 of 2019, dated 27.1.2019, under Sections 279, 337 and 338 of the Indian Penal Code, registered at Police Station Shimla East, District Shimla, H.P.

(2.) Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that on 27.1.2019, respondent No.2, boarded a private bus at village Dharla, Post Office Suma Kothi, Tehsil Karsog, District Mandi, which was coming from Karsog to Shimla. At about 11:30 a.m, he alighted from the bus at Talland, Shimla, as the said bus was going to ISBT, Shimla. Another bus, bearing registration No.HP63A-3709 also stopped at Talland, Shimla, which was coming from Karsog. When he was standing near traffic police post (Gumti) all of sudden, driver of bus bearing registration No.HP63A-3709, turned the bus towards Khalini side and driven the same over his left foot, as a result of which, respondent No.2 received simple as well as grievous injuries. Consequently, FIR No. No. 16 of 2019, dated 27.1.2019, under Sections 279, 337 and 338 of the Indian Penal Code, came to be registered against the petitioner. Now, respondent No.2 entered into a compromise, vide Compromise Deed, Annexure P-3, and stated that he does not want to pursue the case against the petitioner. Hence, the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.