RAMESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, prayer has been made on behalf of the petitioner for quashing of FIR No.0093 of 2019, dtd. 12/8/2019, under Ss. 279, 337 and 338 of IPC, registered with Police Station Shimla East, District Shimla, H.P., as well as consequent proceedings, if any, pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties.

(2.) Precisely, facts as emerge from the record are that, FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2, Kanta Devi, (hereinafter referred to as "the complainant"), who alleged that on 12/8/2019, while she was going towards Chhota Shimla by foot, one motor cycle bearing HP-31C-4583 being driven by the petitioner came from wrong side near Ayurveda Hospital and hit her, as a consequence of which, she suffered multiple injuries. After completion of the investigation, police presented Challan in the competent court of law, but before same could be taken to its logical end, petitioner has entered into compromise with respondent complaint No.2, whereby both the parties have resolved to settle their dispute amicably inter-se them. In the aforesaid background, petitioner has approached this Court in the instant proceedings.

(3.) Vide order dtd. 3/1/2022, this Court while ascertaining factum with regard to compromise, deemed it necessary to cause presence of parties, especially respondent No.2 so that correctness and genuineness of the compromise placed on record is ascertained.