NITISH JAMALTA Vs. STATE OF H. P.

JUDGEMENT

(1.) The present 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. 170/19, dated 29.08.2019, under Sections 279 and 337 of the Indian Penal Code, registered at Police Station Dhalli, District Shimla, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Tersely, the facts giving rise to the present petition are that on 29.08.2019, an accident took place near Charabra. As as per the complainant (respondent No. 2 herein), the accident has occurred on account of rash and negligent driving of the petitioner, consequently, he lodged F.I.R No. 170 of 2019, dated 29.08.2019, against the petitioner. However, now the parties have arrived at compromise, vide compromise Deed, Annexure P/3 and in order to maintain their relation cordial, they do not want to pursue the case against each other, as the FIR has been registered by the complainant without knowing the real cause of accident, however after knowing the fact of accident, he wants to withdraw the FIR. Hence the present petition.

(3.) Learned counsel for the petitioner have argued that as the parties have compromised the matter, vide Compromise Deed Annexure P/3 , 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.