ANUJ SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No. 42 of 2021, dtd. 21/4/2021 under Ss. 279 and 337 of IPC, registered at police Station Bharari, District Bilaspur, Himachal Pradesh as well as consequent proceedings, if any, pending adjudication in the competent Court of law, on the basis of the amicable settlement arrived inter se parties.

(2.) Precisely, the facts of the case as emerge from the record are that the FIR, sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.2/ complainant namely, Sh. Dharam Pal, who alleged that on 20/4/2021, at 9:00 PM, a car bearing registration No.HP-52-B-1553 being driven by the petitioner/accused in high speed hit his truck bearing registration No.HP-51-B-0836, as a consequence of which, he as well as other passenger sitting in the truck suffered injuries and his truck also got damaged. Though, police after recording the statement of the complainant under Sec. 154 Cr.P.C., lodged the FIR sought to be quashed and started the investigation, but before same could be taken to its logical end, parties to the lis have entered into the compromise (Annexure P-2), whereby both the parties have resolved to settle their dispute amicably interse them and as such, has approached this Court in the instant proceedings, praying therein for quashment of FIR as well as consequent proceedings, if any, pending in the competent Court of law.

(3.) Respondent No.2/complainant Dharam Pal has come present in Court alongwith Sh. Atul Kumar, Advocate. He states on oath that he of his own volition and without there being any external pressure has entered into the compromise with the present petitioner, whereby both the parties have resolved to settle their dispute amicably interse them. He states that since accident in question occurred on account of error of judgment by the petitioner/accused and he has fully compensated him qua the damages caused to his vehicle, he shall have no objection in case prayer made in the instant petition for quashment of FIR as well as consequent proceedings, if any, pending in the competent Court of law, is accepted. His statement is taken on record.