SUBHASH THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) Both these petitions are taken together, since prayer made in both these petitions are for quashing of F.I.R. No. 20 of 2016 dtd. 30/1/2016 registered under Sec. 304A of the Indian Penal Code at Police Station Rampur Bushahr lodged against petitioners/accused namely, Dr. Subhash Thakur, Dr. Brij Lal and Dr. Rajeshwar Thakur. The F.I.R. has been registered by Shri Kulvinder Singh, who is arrayed as respondent No. 2 in both the petitions.

(2.) The F.I.R was registered on the basis of complaint lodged by respondent No.2 to the fact that his father Sh. Narender Singh Negi had died due to negligence of doctors i.e. petitioners in both the petitions. The petitioners had operated upon the complainant's father on 29/1/2016 and he died on 30/1/2016. During the course of hearing today a compromise executed between the parties i.e. petitioners in both the petitions and the complainant has been placed on record. As per the compromise, with the intervention of the family members and local people of the area, the parties have resolved their issues under the F.I.R. in question. According to the compromise the complainant does not wish to pursue the F.I.R any further and has expressed no objection in case the same is quashed and set-aside alongwith all consequential proceedings initiated against the petitioners in both the petitions. The complainant has further agreed to withdraw all the legal proceedings filed against the petitioners on account of death of his father. Complainant and petitioners are present in Court and have been identified as such by their respective counsel. Their separate statements have been recorded today, wherein complainant has reiterated the averments recorded in the compromise and has stated that he and his family members have settled all issues under the F.I.R. in question with the petitioners and they have no objection to the quashing and setting aside of the F.I.R. as they do not intend to pursue the F.I.R and consequential proceedings thereunder. He further stated that the compromise has been executed out of his own free will, without any pressure, fear or coercion. The said compromise is taken on record and is formed part of the record.

(3.) Learned counsel for the petitioners in support of their prayer made in the petitions have relied upon the judgement passed by this Court in Cr.MMO No. 69 of 2020 decided on 31/1/2020 titled as Manohar Lal vs. State of H.P. and others. Relevant portion thereof reads as under:-