JAGEER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, prayer has been made on behalf of the petitioner for quashing of FIR No. 264 of 2020 dtd. 20/11/2020, under Ss. 279 and 337 of IPC, registered with Police Station Sadar, District Bilaspur, H.P., as well as consequent proceedings, if any, pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties.

(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 Naresh Kumar, (in short "the complainant"), who alleged that on 20/11/2020, while he was taking his mother (respondent No.3) to Bilaspur for medical checkup on his scooty bearing registration No. HP-89-2882, one HRTC bus bearing registration No. HP-28A-6154 being driven rashly and negligently by the petitioner, came in high speed and struck against his scooty, as a consequence of which, his mother suffered multiple injuries. After completion of the investigation, police presented challan in the competent court of law, which is still pending adjudication, but before same could be taken to its logical end, parties to the lis have resolved to settle their dispute amicably inter-se them by way of compromise placed on record.

(3.) Vide order dtd. 15/11/2021, this Court with a view to ascertain the correctness and genuineness of the compromise placed on record, deemed it necessary to cause presence of the parties, especially respondent No.2, at whose behest FIR came to be lodged. Pursuant to aforesaid order, respondent No.2 has come present. Respondent No.2 Mr. Naresh Kumar, who is duly represented by Mr. Mukul Sood, Advocate, states on oath that he of his own volition and without there being external pressure has entered into compromise with the petitioner, whereby both the parties have resolved to settle their dispute amicably inter-se them. He states that accident did not occur on account of negligence of either of the party, but on account of error of judgment. He states that since he as well as his mother have fully recovered from the injuries received by them in the accident and petitioner has taken good care of them after the accident, he shall have no objection, in case FIR as well as consequent proceedings initiated at his behest are ordered to be quashed and set-aside. He admits the contents of the compromise as well as signature thereupon. His statement made on oath is taken on record.