SANKALP AWASTI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.297 of 2018 dtd. 11/10/2018, under Ss. 279, 337 and 338 of the Indian Penal Code and Sec. 181 of the Motor Vehicles Act, registered at Police Station West, Shimla, H.P. alongwith all consequential 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 respondent No.2 made a written complaint to the police alleging therein that on 11/10/2018 around 12:20 p.m, petitioner drove vehicle bearing registration No.HP- 11-7377, in a rash and negligent manner so as to endanger human life and personal safety of others and struck against him, as a result of which, respondent No.2-complainant, received simple injuries. Upon the statement of respondent No.2 an FIR was lodged against the petitioner. Now, the parties have entered into a compromise, vide Compromise Deed (Annexure P-1) stating therein that the complainant 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.