VIKASH HOODA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under S.482 CrPC, prayer has been made on behalf of the petitioner-accused (hereinafter, accused) for quashing of FIR No.53, dtd. 19/4/2019, registered at Police Station Shahpur, District Kangra, under Ss.279, 337 and 338 IPC and consequent proceedings i.e. case titled State v. Vikash Hooda pending before Judicial Magistrate First Class, Court No.2, Dharamshala on the basis of compromise arrived inter se parties.

(2.) Precisely, the facts of the case, as emerge from the record, are that the FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2 Shyam Lata/complainant, who alleged that on 19/4/2019, while she alongwith her sister-in-law (Jethani), Mamta Devi was going to Shiv Mandir, 42 mile for Bhandara, at 1.00 pm, a truck bearing registration No. HP-39E-3107 being driven by petitioner came in high speed and hit her sister-in-law, as a result of which she suffered multiple injuries. Though on the basis of aforesaid statement of the complainant, police lodged the FIR and presented Challan in the competent court of law, after completion of investigation, but before the same could be taken to its logical end, parties have entered into compromise thereby resolving dispute inter se them amicably. In the aforesaid background, petitioner has approached this court in the instant proceedings, praying therein for his acquittal after quashing of FIR alongwith consequential proceedings.

(3.) Vide order dtd. 27/12/2022, this court, while directing respondent-State to verify the factum with regard to compromise arrived inter se parties, also deemed it necessary to cause presence of the parties, especially, respondent No.2 at whose FIR sought to be quashed in the instant proceedings, came to be lodged, so that correctness and genuineness of compromise could be ascertained.