ASIFF KHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been preferred under Section 482 Cr.P.C. for quashing of FIR No. 0015, dated 12.02.2019 registered under Sections 279, 337 and 338 of Indian Penal Code (hereinafter in short 'IPC') at Police Station Bharari, District Bilaspur HP and quashing of proceedings initiated in pursuant thereto pending in the concerned Court.

(2.) Respondent No.2 Rajeev is complainant, who is present in Court today and vide separate statement on oath, he has stated that he is complainant in the present case and on the day of incident, he was travelling along with petitioner, respondents No. 3 and 4 and other persons to attend the marriage function of his nephew (Bhanja) Razak and petitioner had overtaken a car, but, immediately, thereafter their car met with an accident causing injuries to occupants of car particularly respondents No. 3 and 4 but he did not receive any injury. He has further stated that at that time, it was reported to police that accident had taken place on account of rash and negligent driving of petitioner, however, later on they recollected the events and discussed the matter with other occupants of car and passers-by and thereafter, they have realized that accident had not taken place on account of rash and negligent driving of petitioner, but, for the reason that shaft of car was broken causing the accident and now he is of the considered view that accident did not take place on account of rash and negligent driving of petitioner and therefore, he has compromised the matter with petitioner out of his free will, consent and also without any kind of threat, coercion or pressure etc.

(3.) The petitioner along with other occupants of car i.e. respondents No. 3 and 4, who had received the injuries in accident, are also present in Court and vide their separate statements, they have endorsed the statement of complainant as true and correct and stated that they have entered into compromise out of their free will, consent and also without any kind of threat, coercion or pressure etc.