HARISH SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, prayer has been made on behalf of the petitioner for quashing of FIR No. 5 of 2017, dtd. 16/1/2017, under Ss. 279, 337 and 338 of IPC read with Sec. 185 of MV Act, registered with Police Station West Boileauganj, 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.) 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 respondent No.2- complainant (herein after referred to as "the complainant"), who alleged that on 15/1/2017 at about 7:30pm, while he was standing at the side of Boileauganj Summerhill road, one Alto Car bearing registration No. HP-52B -0642 being driven by the petitioner in high speed, hit him, as a consequence of which, respondent-complainant suffered injuries. 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.

(3.) Vide order dtd. 22/6/2022, this Court while directing the respondent-State to verify the factum with regard to compromise placed on recorded deemed it necessary to cause presence of the parties, especially respondent No.2, at whose behest FIR sought to be quashed in the instant proceedings came to be instituted. Pursuant to aforesaid order, HC Manoj Kumar, PS West, Shimla has come present with the status report, which is taken on record, perusal whereof though reveals factum with regard to accident occurred on the alleged date of the incident, but there is no mention, if any, with regard to compromise, if any, arrived inter-se parties.