DEEPAK THAKUR 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. 123, dated 29.5.2019, under S. 279 IPC and S. 196 of the Motor Vehicles Act registered at Police Station Shimla West, District Shimla, Himachal Pradesh as well as consequent proceedings i.e. case No. 499/19 (716-13 of 19) titled State vs. Deepak Thakur pending in the court of learned Judicial Magistrate 1st Class, Court No. 3, Shimla, Himachal Pradesh, on the basis of compromise arrived inter se parties Annexure P-1).

(2.) Precisely, the facts of the case are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2, who alleged that on 29.5.2019, while he was going in Ambulance from MH Jutogh to MHDC ARTRAC, Shimla, vehicle bearing registration No. HP30-3912 being driven by the petitioner in high speed, hit his vehicle, as a consequence of which, he as well as other occupants of the Ambulance, suffered injuries and substantial damage was caused to the Ambulance also. In the aforesaid background, Police registered FIR sought to be quashed in the instant proceedings, against the petitioner. Though, after completion of investigation, police presented Challan in the competent Court of law, however, the fact remains that before criminal proceedings could be taken to its logical end, petitioner and respondent No.2 have entered into compromise, annexure P-1, whereby both have resolved to settle their dispute amicably inter se them, as such, prayer has been made by the petitioner for quashing of FIR in question as well as consequent proceedings pending in the competent Court of law.

(3.) Petitioner and respondent No.2/complainant are present today. Respondent No.2 is duly represented by Ms. Manisha Thamta, Advocate. Respondent No.2 on oath states before this Court that he, of his own volition and without there being any external pressure, has entered into compromise with the petitioner, whereby both have resolved to settle their dispute amicably inter se them. He further states that since both the parties have decided to compromise the matter inter se them, he shall have no objection, in case prayer made in the present petition for quashing of FIR in question as well as consequent proceedings pending in the competent Court of law, is allowed. He states that since the petitioner has already compensated him for the damage caused to the vehicle and he is likely to be transferred in a few days, he does not wish to prosecute the criminal proceedings against the petitioner further. He has identified his signatures on the compromise. His statement is taken on record.