RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, prayer has been made on behalf of the petitioner for quashing of FIR No. 127 of 2019 dtd. 14/11/2019, under Ss. 279 and 304-A IPC, registered with Police Station Chotta Shimla, District Shimla, H.P., as well as consequent proceedings, if any, pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties.

(2.) Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2-complainant namely Smt. Silbiniya, who alleged that on 14/11/2019, she was at work on the construction site of Govt. Contractor Ajay Kuthiala at HPPWD building Chotta Shimla. She alleged that on 12:30pm, she had made her minor son sleep on the floor of the parking and herself had gone to throw the debris, but when she came back, she found that vehicle bearing registration No.HP01A6830 being driven by the petitioner while reversing the vehicle ran over his vehicle over her minor son, as a result of which minor child started weeping. She alleged that driver of the vehicle immediately took her child to the hospital, but unfortunately he succumbed to the injuries. On the basis of aforesaid statement given by the complainant, police lodged FIR and after completion of investigation presented challan in the competent court of law, but before same could be taken to its logical end, parties to the lis have resolved to settle their dispute amicably inter-se them by way of compromise placed on record and as such, petitioner has approached this Court in the instant proceedings, praying therein to quash and set-aside the FIR as well as consequent proceedings pending before the competent court of law.

(3.) Vide order dtd. 13/6/2022, this court while directing the respondent-State to verify factum with regard to compromise, if any, arrived inter - se parties also deemed it necessary to cause presence of the respondent - complainant, at whose instance, FIR sought to be quashed came to be instituted. Pursuant to aforesaid direction, respondent-State has filed the status report under the signature of SHO PS Chotta Shimla, perusal whereof reveals that parties have resolved their dispute amicably inter-se them. In the statement given to the police respondent-complainant has categorically stated that she does not wish to prosecute the case further and has no objection in case FIR as well as consequent proceedings pending in the competent court of law are quashed and set-aside.