RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under S.482 CrPC, prayer has been made on behalf of the petitioner for quashing of FIR No. 171, dated 8.10.2020 registered at Police Station Indora, District Kangra, Himachal Pradesh, under Ss. 279, 337 and 304 IPC and S.187 of the Motor Vehicles Act, on the basis of compromise arrived inter se parties Annexure P-2).

(2.) Precisely, the facts of the case as emerge from the record are that on 7.10.2020, an army vehicle (Jipsy) being driven by the petitioner, hit the motor cycle being driven by one Shri Gagan Singh (deceased), i.e. husband of respondent No.2 and son of respondent No.4, as a consequence of which, Gagan Singh sustained multiple injuries and later on succumbed to his injuries. Respondent No.3, Balraj Singh, who was present on the spot on the date of alleged accident, informed the police and thereafter, on the basis of his statement recorded under S.154 CrPC, FIR sought to be quashed in the instant petition.

(3.) Having taken note of the averments contained in the petition as well as compromise placed on record, this Court, while issuing notice on 20.2.2021, deemed it necessary to cause presence of the parties in the court, especially respondents Nos. 2 to 4, so that factum with regard to correctness and genuineness of the compromise placed on record could be ascertained. Pursuant to order dated 20.2.2021, petitioner as well as respondents No. 2 to 4 have come present, who are duly represented by Mr. Sanjeev Kumar, Advocate.