VIKAS SHARMA Vs. STATE OF HP

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C., prayer has been made by the petitioner-accused for quashing of FIR No.98/2023 dtd. 26/11/2023, registered at Police Station Kandaghat, District Solan, H.P., under Ss. 279 and 337 of IPC and Sec. 187 of Motor Vehicles Act, along with consequential proceedings pending in the competent Court of law.

(2.) Precisely, 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-Mr. Pushpender Verma (hereinafter, 'complainant'), who alleged that on 26/11/2023, at about 5:25 pm, while he was going towards Shimla, driving his Scooty bearing No.HP-52-B-5705 and had reached above Modugil Hotel, NH-05, car being driven by petitioner came in a high speed and hit his scooty, as a result thereof, he suffered multiple injuries. He alleged that after accident, car driver fled away from the spot with the car. However, subsequently during investigation, it came to be transpired that car bearing No.HP-51-2463 being driven by petitioner, had hit the scooty being driven by complainant. Since complainant alleged that accident occurred on account of rash and negligent driving of car driver, case under Sec. 279 and 337 of IPC and Sec. 187 of Motor Vehicles Act, came to be registered against him. 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. 15/6/2024, respondent/State has filed status report and ASI Sita Devi, IO, P.S. Kandaghat, District Solan has also come present along with record. Status report is silent with regard to compromise, if any, arrived inter se parties. However, respondent No.2-Pushpender Verma, who has also come present in terms of order dtd. 15/6/2024, and is being represented by Mr. Sahil Kumar, Advocate, states on Oath that he of his own volition and without any external pressure, have entered into compromise with the petitioner-accused, whereby parties have resolved to settle the dispute inter se them amicably. He further states that since accident in question did not occur due to rash and negligent driving of the petitioner -accused, rather on account of error of judgment. He states that since after accident, he has recovered from injuries, coupled with the fact that he was taken good care by the petitioner, while he was under treatment, he shall have no objection in case FIR along with consequential proceedings is quashed and set aside and petitioner-accused is acquitted of the charges framed against him. While admitting contents of the compromise to be correct, he also admitted his signatures thereupon. His statement made on Oath is taken on record.