LAWS(HPH)-2022-6-85

NAWAB AHMAD Vs. STATE OF HIMACHAL PRADESH

Decided On June 24, 2022
Nawab Ahmad 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. 84 of 2019, dtd. 29/6/2019, under Ss. 279, 337 and 338 of the Indian Penal Code and Sec. 196 of the Motor Vehicles Act, registered at Police Station Dharampur, District Solan, 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, respondent No.2 (complainant) made a complaint to the police alleging therein that on 29/6/2019 around 11:00 a.m. near Railway Crossing, Jabli, petitioner drove a vehicle bearing registration No.CH04B-9237 in a rash and negligent manner so as to endanger human life and personal safety of others and struck against a vehicle bearing registration No.HP64-A- 8785, as a result of which, respondent No.2 received simple injuries on his right leg. Consequent upon the statement of respondent No.2, Police registered an FIR against the petitioner. Now, the parties have entered into a compromise, vide Compromise Deed (Annexure P-2) 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.