LAWS(HPH)-2022-4-78

SANJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On April 22, 2022
SANJEEV KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

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.50 of 2019, dtd. 3/5/2019, under Sec. 279 of the Indian Penal Code and Sec. 181, 187 Motor Vehicles Act, registered at Police Station East (Chotta Shimla) District Shimla, H.P. alongwith all consequential proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stated the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2/complainant made a written complaint to the police alleging therein that on 3/5/2019 around 5:45 p.m at place Sidharth Plus Navbahar, Shimla, petitioner drove vehicle bearing registration No.HP-03C-4623, in a rash and negligent manner so as to endanger human life and personal safety of others, struck against with the parked vehicle bearing registration No.HP63-B-3437. On the basis of statement of the complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide affidavit (Annexure P-3) 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.