SOHIB KHAN Vs. STATE OF H.P.

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.58/2019, dated 31.5.2019 under Sections 279 , 337 , 338 and 201 of Indian Penal Code ( for 1Whether reporters of the Local papers are allowed to see the judgment? short ' IPC ') and Section 187 , 181 and 196 of the Motor Vehicles Act, registered with Police Station, Nahan, District Sirmour, H.P., as well as consequent proceedings in Criminal Case No.135/2019, titled as State versus Sohib Khan, pending adjudication in the Court of learned Judicial Magistrate, 1st Class, Nahan, District Sirmour, Himachal Pradesh, on the basis of the compromise arrived inter se parties (Annexure P2).

(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.2/complainant, namely Smt. Prem Lata, who alleged that on 30.5.2019, she went to market for purchasing items for daily use and when she was returning back, scooty being driven by the petitioner hit her, as a consequence of which, she suffered multiple injuries. After completion of the investigation in the aforesaid FIR, challan stands filed in the Court of learned Judicial Magistrate,1st Class, Nahan, District Sirmour, 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 deed placed on record (Annexure P2), whereby both the parties have resolved to settle their dispute amicably inter se them.

(3.) On 8.1.2020, this Court having carefully perused the averments contained in the petition as well as contents of the compromise, deemed it expedient to summon both parties to the Court, especially respondent No.2, at whose instance FIR, sought to be quashed in the instant proceedings, came to be lodged, so that factum with regard to compromise, if any, inter se parties could be ascertained.