ANKUSH SON Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, prayer has been made on behalf of the petitioners for quashing of FIR No. 0072, dtd. 11/5/2021, under Ss. 279 and 337 of IPC, registered with Police Station Jawali, District Kangra, 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.) Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of the HC Sugriv Singh, who reached the spot after having received intimation with regard to accident involving vehicles bearing registration Nos. HP62-2994 and HP68B2581, being driven by petitioner No.1 and petitioner No.2, respectively. As per investigation, both the aforesaid vehicles collided near Badela, Jawali, District Kangra, as a consequence of which, drivers of both the vehicles received injuries and were taken to the hospital. Though after completion of investigation police presented challan in the competent court of law, but before same could be taken to its logical end, parties to the lis have resolved to settle their dispute amicably inter-se them by way of compromise placed on record. In the aforesaid background, petitioners have approached this Court in the instant proceedings for quashing of FIR as well as consequent proceedings.

(3.) Though instructions of respondent-State are still awaited, but petitioners/injured, who are being represented by Mr. Mukul Sood, Advocate, on oath state that they of their own volition and without there being any external pressure have entered into compromise, whereby both the parties have resolved to settle their dispute amicably inter-se them. They state that accident in question did not occur on account of their rash and negligent driving, rather on account of error of judgment. They state that since both the persons have recovered from the injuries suffered by them in the accident and have adequately compensated each other qua the damage caused to their vehicle in the accident, they shall have no objection in case FIR as well as consequent proceedings arising therefrom are ordered to be quashed and set-aside. They admit the contents of the compromise and signature thereupon. Such statement made on oath is taken on record.