ANU GUPTA Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition, under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioner for quashing of F.I.R No. 250 of 2019, dtd. 16/10/2019, under Sec. 279 of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station Sadar, District Bilaspur, H.P., alongwith all consequential proceedings arising out of the aforesaid FIR, pending before the learned trial Court.

(2.) Briefly stated the facts, giving rise to the present petition are that on 18/10/2019, the petitioner and her husband were going from main market Bilaspur to H.P. Housing Board Colony, Bilaspur in their vehicle, bearing registration No. HP 24C 7080, to check construction work of their house. Around 6:00 p.m., when they reached near Balaji Hotel, an Auto, being driven by respondent No. 4, came from upside. Since the road was narrow, drivers of both the vehicles could not control their vehicles and they collided with each other from one side. Consequently, FIR No. 250 of 2019, dtd. 16/10/2019, under Sec. 279 IPC, came to be registered against the petitioner, as well as respondent No. 4.

(3.) In reply to the petition, filed by the respondents State, it has been averred that the accident has occurred due to negligence of both, the petitioner, as well as respondent No. 4 and as per the spot map and statements of the witnesses, strong prima facie case is made out against the petitioner, as well as respondent No. 4. Lastly, dismissal of the petition is prayed.