SHIV KUMAR MANDAL Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 CrPC, prayer has been made by the petitioner-accused for quashing of FIR No. 58 dtd. 22/9/2018, registered at Police Station Kotkhai, District Shimla, H.P., under Ss. 279, 337 and 338 IPC alongwith consequential proceedings pending in the competent court of law.

(2.) Precisely the case of the petitioner, as emerge from the pleadings is that the FIR sought to be quashed in the instant proceedings at the behest of respondent No.2 (hereinafter, 'complainant'), who alleged that on 21/9/2018, he alongwith his friends had gone to attend marriage of his friend Kedar Nath at Kotkhai in car bearing registration No. HP12J5416. Complainant further alleged that when car had reached near Huli, driver of the car i.e. petitioner lost control of the vehicle, as a result of which, vehicle struck against the hill and all the occupants of the car suffered injuries. He alleged that accident occurred on account of rash and negligent driving of the driver namely Shiv Kumar and appropriate action be taken against him. On the basis of aforesaid complaint, FIR sought to be quashed in the instant proceedings came to be lodged against the petitioner under Ss. 279, 337 and 338 IPC. 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 have entered into compromise and resolved to settle the dispute inter se them amicably. In the aforesaid background, petitioner-accused has approached this court in the instant proceedings, praying therein for quashing of FIR and consequential proceedings in the competent court of law

(3.) Pursuant to order dtd. 17/4/2023, respondent-State has filed the status report under the signature of SHO PS Kotkhai, but same is silent about the compromise, if any, arrived inter-se parties. Though HC Vikram, PS Kotkhai, has come present with records, but he has no information with regard to compromise, if any, arrived inter-se parties.