RAVI SAKLANI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petitions filed under S. 482 CrPC, prayer has been made on behalf of petitioners, for quashing of FIR No. 12, dtd. 15/1/2022 under Ss. 279, 504 and 427 IPC and S.187 of the Motor Vehicles Act, registered at Police Station Sadar, District Shimla, Himachal Pradesh alongwith consequential proceedings i.e. Police Challan no. 136 of 2022 pending before learned Judicial Magistrate First Class, Court No.7 Shimla, Himachal Pradesh, on the basis of compromise arrived inter se parties.

(2.) Precisely, the facts of the case, as emerge from the record, are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.4 Bittu (hereinafter, complainant) who alleged that 14/1/2022, at 11.15 am, while he was going to his house and reached near Dudhli, a Maruti car bearing registration no. HP-63A-5801 being driven by Ravi Kumar, hit another vehicle bearing registration No. HP-01A-7667 and when he was asked about it, he started quarreling and fled from the spot. It is alleged that subsequently, Ravi Kumar, while driving another vehicle bearing registration No. HP-52-0731 went toward Dummi and caused damage to the vehicles parked on the way. He alleged that the petitioner not only broke glasses and wind screen of the cars as detailed herein above, but also extended threats a such, appropriate action in accordance with law be taken against him. Since in earlier petitioner Ravi Kumar was implicated as accused and later on Deepak Kumar was also implicated as accused, as such, two separate petitions have been filed by them for quashing of FIR. Though police after having completed investigation has already presented Challan in the competent court of law but before the same could be taken to its logical end, parties to the lis entered into compromise, whereby they have resolved to settle the dispute inter se them amicably and as such, petitioners have approached this Court for quashing of FIR alongwith consequential proceedings.

(3.) Record further reveals that the petitioner Ravi Kumar had also lodged FIR No. 11, dtd. 15/1/2022 against respondents Nos. 4 to 6, which has been ordered to be compromised by this Court vide order dated13.3.2023 in CrMMO No. 39 of 2023.