ABHISHESH MEHTA 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.78 of 2018 dtd. 30/3/2018, under Sec. 279, 337 of the Indian Penal Code and Sec. 181 of the Motor Vehicles Act, registered at Police Station Sadar, District Chamba, H.P. alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that on 30/3/2018, petitioner No.2- complainant alongwith his friend Surender Patrwal, were practicing for enrolment in the Army from their quarter Bhadram to Kiyani, while coming back around 4:00 a.m they heard some sound of skidding of a bike and when they reached 60-80 meters of the spot of accident, two persons were lying in injured condition and motorcycle bearing No.HP40-B-9533 (Pulsar) was lying ten feet down. The said vehicle i.e. Bike was being driven by petitioner No.1 and one Abhishek Rana was a pillion rider. Pursuant thereto, statement of petitioner No.2-complainant came to the Police Station for lodging FIR against the petitioner. Now, the parties have entered into a compromise, vide Compromise Deed (Annexure P-3) dtd. 25/9/2021, stating therein that he does not want to pursue the case against petitioner No.1. 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.