TERSAM SINGH 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.373 of 2012, dtd. 30/9/2012 under Ss. 279, 337, 338 of the Indian Penal Code and Ss. 181 and 196 of the Motor Vehicles Act, registered at Police Station Paonta Sahib, District Sirmour, 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/complainant made a written complaint to the police alleging therein that on 30/9/2012 at place Badripur, Activa Scooty bearing registration No.HP-17-C-0165 struck against a vehicle i.e. Pulser motorcycle bearing registration No.HP-17A-7489 in a rash and negligent manner so as to endanger human life and personal safety of others, as a result of which, driver alongwith one pillion rider of the aforesaid Activa Scooty sustained injuries. On the basis of the aforesaid information given by the complainant, the instant FIR came to be lodged. After completion of the investigation in the aforesaid FIR, police filed challan arraying both the petitioners, as accused in the learned Court below, but before the same could be taken to its logical end, petitioners, who are accused in the aforesaid challan have approached this Court in the instant proceedings, praying therein for quashing of FIR as well as consequential proceedings on the basis of Compromise Deed (Annexure P-2) dtd. 31/3/2022. 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 petitioners and the FIR/Challan, may be quashed and set aside.