JAVED ALI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.51/2022 dtd. 23/3/2022, under Ss. 279 and 337 of the Indian Penal Code, registered at Police Station Majra, 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 23/2/2022 around 12:45 p.m. petitioner drove motorcycle bearing registration No.HP-17F-5386 in a rash and negligent manner so as to endanger human life and personal safety of others, struck against a school going child, as a result of which, the child received simple injuries. On the basis of the aforesaid information given by the complainant, the instant FIR came to be lodged. Now, the parties have entered into a compromise, vide Compromise deed (Annexure P-2) stating therein that the complainant does not want to pursue the case against the petitioner. Hence, the present petition.

(3.) Learned counsel for the petitioner 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.