AHSAAS SIRKECK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioners for quashing of FIR No 112 of 2019, dtd. 9/8/2019 under Ss. 279, 337 of IPC and Sec. 187 of the Motor Vehicles Act, registered at police Station Rampur, District Shimla, Himachal Pradesh as well as consequent proceedings, if any, pending adjudication in the competent Court of law, on the basis of compromise arrived interse parties (Annexure A-2).

(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 petitioner No.2/complainant namely Sh. Yashwant Singh, who alleged that on 9/8/2019, at 8.45 AM while he was going towards Court, a vehicle bearing registration No.HP-06-4017 being driven by petitioner No.1 in rash and negligent manner hit him, as a consequence of which, he suffered injuries. After completion of the investigation, police presented the challan in the competent court of law, but before same could be taken to its logical end, petitioner No.2/complainant entered into compromise with petitioner No.1, whereby both the parties have resolved to settle their dispute amicably interse them and as such, joint petition has been filed on behalf of the petitioners including the complainant for quashing of the FIR as well as consequent proceedings, if any, pending in the competent Court of law.

(3.) On 23/7/2021, this Court while issuing notice deemed it necessary to cause presence of the parties in the court, especially petitioner No.2/complainant, so that correctness and genuineness of the compromise placed on record could be ascertained. Besides above, this Court also directed learned Additional Advocate General to verify the aforesaid factum of compromise, if any, interse parties from the police station concerned.