JARNAIL SINGH Vs. STATE OF HP

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. 0046/2019 dtd. 24/2/2019, registered at Police Station Sadar, Bilaspur, H.P., under Ss. 336 and 427 IPC alongwith consequential proceedings pending in the competent court of law on the basis of compromise arrived inter-se parties.

(2.) Precisely the case of the petitioner, as emerge from the pleadings is that the FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2 (hereinafter, 'complainant'), who alleged that he is owner of oil tanker bearing registration No. PB 31AW 6646 and had hired the petitioner Jarnail Singh to drive the aforesaid tanker. He alleged that on 22/2/2019, he alongwith Jarnail Singh after having loaded diesel from Sangrur was going to Barmana, but at 6:00 am, when they reached Ghambhrola, driver i.e. petitioner parked the vehicle on the side of the road, but suddenly vehicle slipped into the nearby gorge, as a result of which, considerable damage was caused to the tanker. Complainant alleged that accident occurred on account of rash and negligent act of the driver of the tanker i.e. petitioner. In the aforesaid background, police lodged FIR and after completion of investigation 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 and as such, 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. 22/3/2023, respondent-State has filed the status report under the signature of SHO PS Bilaspur, wherein factum with regard to amicable settlement arrived inter-se parties has been duly acknowledged. Alongwith the aforesaid status report, statements of both the petitioner and respondent-complainant given to the police have also been placed on record.