MAYANK Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing of FIR No. 127 of 2019 dated 22.10.2019, registered at Police Station, Sunder Nagar BSL Colony, District Mandi, H.P., under Sections 304A, 279 and 337 of IPC and consequential proceedings, if any.

(2.) Petitioner as well as respondents No.2 and 3 were present in the Court on 7.4.2021 and have been identified as such by their respective counsel(s).

(3.) Respondent No. 3/complainant Kushal Thakur in his statement has deposed that, on the date of accident, he along with Mayank (petitioner) and Avinash was riding a bike of Navneet and besides that some other students were also riding two other two wheelers, i.e. Bike and Scooty, which were also accompanying them and when they reached on National Highway No. 21 near Dhanotu, a vehicle came from opposite side with piercing flash lights and because of that Mayank felt uncomfortable and resultantly Bike skidded of the road and they all three, i.e. he, Mayank and Avinash, received injuries and Avinash had succumbed to the injuries, however, Mayank was not rash and negligent in driving and that portion of FIR was not told by him to the Police and it appears that by presuming the rash and negligent driving of Mayank, police officials had added those lines and his statement was recorded in the hospital and at the time of recording of his statement, he was not comfortable because of injuries received by him and also on account of death of Avinash and he is of the firm opinion that accident had not taken place on account of rash and negligent driving of Mayank, but on account of piercing flash lights of vehicle coming from opposite side. He has further stated that his deposition in the Court is out of his free will, consent and also without any external pressure, coercion or threat of any kind.