LAWS(HPH)-2022-9-1

OM DUTT Vs. STATE OF H.P.

Decided On September 01, 2022
OM DUTT Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) By way of instant petition filed under S. 482 CrPC, prayer has been made on behalf of the petitioner for quashing of FIR No. 32, dtd. 20/3/2022 under Ss. 279, 337 and 338 IPC and Ss. 192 and 196 of the Motor Vehicles Act registered at Police Station Gagret, Tehsil Ghanari, District Una, Himachal Pradesh alongwith consequential proceedings i.e. Police Challan No. 73/2022 under Ss. 279, 337, 338 IPC pending in the court of learned Judicial Magistrate First Class, Court No.2, Amb, District Una, Himachal Pradesh on the basis of compromise, Annexure P-2.

(2.) Precisely, the facts of the case, as emerge from the record, are that the FIR sought to be quashed in the instant proceedings came to be instituted at the behest of respondent No.4 Smt. Geeta Devi, who alleged that on 20/3/2022, she alongwith her son and daughter, Raghav Chauhan and Kriti Devi and one neighbourer, Smt Urmila Devi (respondents Nos. 5 to 7 herein) had gone to a temple in an auto bearing registration No. PB-04AC-2869, being driven by the petitioner. She alleged that at 11.00 am, when the aforesaid auto reached near Dehra Di Khadd, petitioner lost control over the vehicle and it overturned, as a consequence of which, all the occupants of the auto suffered injuries. On the basis of aforesaid statement made by respondent No.4 FIR sought to be quashed in the instant proceedings came to be registered against the petitioner. Though after completion of investigation police presented challan in the court of learned Judicial Magistrate First Class, Court No.;2, Amb, District Una, Himachal Pradesh where Police Challan No. 73/2022 is pending, but before same could be taken to its logical end, petitioner and respondent Nos. 4 and 7, have compromised the matter. In the aforesaid background, the petitioner has approached this Court for quashing of FIR alongwith consequential proceedings, pending in the competent Court of law, on the basis of compromise, Annexure P-2.

(3.) Petitioner as well as respondent No. 4 to 7 have come present in the court and respondents Nos. 4 to 7 are being represented by Mr Devender Sharma Advocate. Mr. Sunny Datwalia, learned Assistant Advocate General has placed on record status report issued under the signatures of Station House Officer Gagret, District Una, Himachal Pradesh, perusal whereof clearly reveals that the parties have entered into compromise and both have resolved to settle the dispute inter se them amicably. Aforesaid status report is taken on record.