SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been preferred under Sec. 482 Cr.P.C. for quashing of FIR No. 171, dtd. 22/11/2017 registered under Ss. 279, 337 and 338 of Indian Penal Code (hereinafter in short 'IPC') at Police Station Dhalli, District Shimla HP and for quashing of proceedings initiated in pursuant thereto pending in the concerned Court.

(2.) Respondent No. 3 namely Mohit Gupta as well as petitioner Sunil Kumar are present in Court today and they have been duly identified by their counsel. Their statements have been recorded on oath and placed on the file.

(3.) Respondent No.3/complainant in his statement has stated that accident had taken place when petitioner Sunil Kumar moved his vehicle to its right side in order to fill fuel in his pick-up in petrol pump situated on other side of road and he was coming behind the pick-up and when speed of pick-up became slow, he tried to take pass but as he could not understand that pick-up was turning towards other side of road to enter the petrol pump, as a result of which the accident had occurred. He has stated that at that time, he had concluded that it was negligence of Sunil Kumar which caused the accident and later on, after giving thoughtful consideration to version of Sunil Kumar, he observed that accident did not occur due to rash or negligent driving, rather due to misunderstanding with respect to the movement of pick-up as when pick-up became slow, he thought that petitioner was permitting to take over. It has also been stated by him that therefore, he entered into compromise with petitioner and also seeks permission to withdraw the complaint for quashing he FIR and criminal proceedings arising thereto with his undertaking to be careful in future.