AKSHAY KUMAR Vs. STATE OF HIMACHAL PRADESH

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. 15 of 2018, dtd. 15/2/2018, under Ss. 279, 337 and 338 of the Indian Penal Code (hereinafter to be called as "IPC") and Sec. 196 of the Motor Vehicles Act, registered at Police Station Jawalamukhi, District Kangra, 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 15/2/2018, when both petitioners were travelling on motorcycle bearing No.HP36C-8527 going back to their house from the Institute of petitioner No.2, was sitting on back seat, as a pillion rider, when they reached near Loret College Kathog, all of sudden a stray dog came in between the road and a bus was also crossing, petitioner No.1 was left with no other option, but to apply the brakes and on application of the brakes, the motorcycle skids and got imbalanced, as such petitioner No.2, fallen down on the road and suffered injuries. Both petitioner No.1 and petitioner No.2-injured are related to each other, as real brother and sister. Pursuant thereto, statement of Smt. Krishna Devi, came to the Police Station for lodging FIR against the petitioner. Now, petitioner No.2 entered into a compromise, on the basis of Compromise Deed (Annexure P-4), dtd. 13/10/2021, stated that she does not want to pursue the case against the petitioner. Hence, the present petition.

(3.) Learned counsel for the petitioners 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.