ANSHUL KOUNDAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition, under Section 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. 80 of 2018, dated 4.4.2018, under Sections 279 and 338 of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station, Boileauganj (Shimla West), District Shimla, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2- Joginder Kumar, made a statement, under Section 154 of the Code of Criminal Procedure, before the police, alleging therein that he is a resident of Village Jadla (Kakkarhatti), Post Office Subathu, Tehsil Kasasuli, District Solan, H.P and working as a Driver, in a vehicle bearing registration No.HP-64-7158. On 4.4.2018, at about 2:35 p.m, petitioner drove a motorcycle bearing registration No.HP37D-4347 near Summerhill Boileauganj chowk, in a rash and negligent manner so as to endanger human life and personal safety of others and struck against a vehicle bearing registration No.HP-64-7158, as a result of which, motorcyclist fell far away from the spot. This accident has taken place due to the rash and negligent driving of the petitioner. Pursuant thereto, statement of respondent No.2 came to the Police Station for lodging FIR against the petitioner. Now, respondent No.2 entered into a compromise, on the basis of compromise deed (Annexure P-2) and stated that he does not want to pursue the case against the petitioner. Hence, the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.