HARISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioners under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.43 of 2018 dtd. 18/3/2018, under Ss. 279, 504 and 34 of the Indian Penal Code, registered at Police Station Karsog, District Mandi, 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 made a written complaint to the police alleging therein that on 17/3/2018 around 9:30 p.m, his father called him and told that due to excessive work in the Office, he will get late and asked him to come near OMS hotel for picking him up. Respondent No.2 alongwith his friend reached at OMS hotel in his vehicle bearing registration No.HP30-5437 and parked his car on the side of the road. Both were sitting in the car, around 10:05 p.m, vehicle bearing registration No.HP30-5437 came from the side of Main bazar Karsog, at a high speed and hit the car of respondent No.2, due to which, vehicle of respondent No.2 was damaged from the conductor side. Thereafter, the vehicle was stopped and the driver of the vehicle, who was drunk started abusing respondent No.2 and one Rajesh Kumar. On the basis of statement of the complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide Compromise deed (Annexure P-3) stating therein that he does not want to pursue the case against the petitioners. 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.