LAWS(HPH)-2022-3-37

AASHISH KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On March 21, 2022
Aashish Kumar Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The instant petition, under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC') has been filed by petitioners-Aashish and Chetan Katoch, on the basis of compromise (Annexure P-2) arrived at between them and respondent No.2-Mast Ram, for quashing of FIR No.0098 of 2019, dtd. 30/9/2019, registered in Police Station Gohar, District Mandi, H.P., under Ss. 279 and 337 of the Indian Penal Code (in short 'IPC') and consequent proceedings arising thereto.

(2.) Petitioners-Aashish Kumar, Chetan Katoch and respondent No.2-Mast Ram-complainant were present in person in the Court on 5/1/2022, who were identified by their respective learned counsel. Their Statements, on oath, were also recorded in the Court.

(3.) In his statement, respondent No.2-Mast Ram has stated that FIR has been lodged by him as Motorcycles being driven by petitioners had hit his Jeep. He has further stated that petitioners are 21 and 22 years of age and they have admitted their mistake and keeping in view their future and remorse expressed by them with undertaking not to repeat such incident in future, he has decided to give a chance for reformation and, therefore, he has endorsed the compromise and his signatures thereon. He has sought permission to withdraw the complaint for quashing FIR and proceedings arising thereto. He has further stated that he has signed the compromise and has deposed in this Court out of his free will, consent and without any external pressure, coercion or threat of any kind.