MOHIT SHARMA Vs. STATE OF H.P.

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 petitioner for quashing of FIR No. 117, dtd. 4/8/2019, under Ss. 279 and 337 of IPC, registered at police Station Dehra, District Kangra, Himachal Pradesh as well as consequent proceedings i.e. Criminal case No.13 of 2020, titled as State versus Mohit Sharma, pending in the Court of learned Judicial Magistrate 1st Class, Dehra, District Kangra, HP, on the basis of compromise arrived inter se parties.

(2.) Precisely, the facts of the case as emerge from the record are that the FIR, sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.2/complainant namely, Sh. Raman Sharma (hereinafter referred as the complainant), who alleged that on 3/8/2019, a scooty bearing No.HP-36-C-1354 being driven by the petitioner/accused hit respondent No.3, Abhinandan, who at that relevant time was standing on the side of the road. Though, 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, parties to the lis have entered into the compromise, whereby they have resolved to settle their dispute amicably interse them and as such, petitioner has approached this Court in the instant proceedings, praying therein for quashment of FIR as well as consequent proceedings pending in the competent Court of law.

(3.) On 27/4/2021, this Court having taken note of the averments contained in the petition as well as compromise placed on record (Annexure P-2), deemed it necessary to cause presence of the parties in the Court, especially, respondents No.2 and 3, 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 factum, if any, with regard to compromise. Pursuant to aforesaid direction issued by this Court parties have come present and are being represented by Mr. Ajit Sharma and Prashant Sharma Advocates.