ANKIT KATOCH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition, under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioner for quashing of F.I.R No. 0148, dtd. 4/10/2020, under Ss. 279, 337 and 338 of the Indian Penal Code, registered at Police Station Dehra, District Kangra, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stated the facts, giving rise to the present petition are that on 4/10/2020, respondent No. 2/complainant filed a complaint at Police Station Dehra, wherein it has been alleged that today when he was going to Jawalaji on his Scooty and reached at place Sanot, he saw a black motor cycle in front of him. In the meantime, a white colour car came from Jawalaji side in a high speed and hit the aforesaid motor cycle. Due to which, the motor cyclist fell on road and sustained injuries on his face and body. As per the complainant, the accident took place on account of rash and negligent driving of the petitioner. Accordingly, initially FIR No. 0148, dtd. 4/10/2020, under Ss. 279 and 337 of the Indian Penal Code, came to be registered against petitioner, however, when challan was presented, Sec. 338 of the Indian Penal Code was incorporated. However, now the parties have entered into a compromise, vide Compromise Deed, Annexure P­2 and in order to maintain their relations cordial, they do not want to pursue the case against each other. Hence the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, vide Compromise Deed (Annexure P­2), no purpose will be served by keeping the proceedings alive, hence the FIR, alongwith consequent proceedings, arising out of the same, pending before the learned trial Court may be quashed and set aside.