LAWS(HPH)-2021-10-123

SURESH KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On October 05, 2021
SURESH KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The instant petition, under Sec. 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. 37 of 2016, dtd. 26/3/2016, under Ss. 279, 337 of the Indian Penal Code (hereinafter to be called as "IPC") and Ss. 187 and 181 of the Motor Vehicles Act, registered at Police Station East (Chhota Shimla), 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 on 26/3/2016, around 4:00 p.m, near Post Office, Shimla, petitioner drove a vehicle bearing registration No.HP-63- 8164/8163, in a rash and negligent manner so as to endanger human life and personal safety of others, hit against respondent No.4, as a result of which, respondent No.4, received simple injuries. Pursuant thereto, statement of respondent No.4 came to the Police Station for lodging FIR against the petitioner. Now, respondent No.4 entered into a compromise, on the basis of Compromise Deed (Annexure P-2), dtd. 17/9/2021, stated that she 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.