NARESH RAI Vs. STATE OF H.P.

JUDGEMENT

(1.) Present petition is filed under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing of FIR No.59 of 2013 registered in police station Dharampur District Solan H.P under sections 279,337 and 338 IPC and for quashing criminal proceedings in criminal case No. 38-2/2013 pending before Judicial Magistrate Ist Class Solan District Solan HP. Brief Facts of The Case:

(2.) Amarjeet Markan son of Sh. Ram Swaroop complainant filed FIR No. 59 dated 3.6.2013 under Sections 279,337 and 338 IPC. There is recital in FIR that on dated 3.6.2013 complainant namely Amarjeet Markan was driving his Car Alto K-10 No.CH-01AF-4187 and was approaching from Chandigarh to Solan and his driver was sitting in the back seat of Car. There is recital in FIR that at about 11.50 AM when he reached at bypass road Kumar Hatti near Galyana then from Solan side car having registration No. Skoda No. HR-01AF-5416 came in a fast speed in wrong direction and struck with the vehicle of complainant. There is further recital in FIR that car was damaged from one side and complainant sustained grievous injuries in his chest, neck and other parts of body. Matter was investigated and thereafter challan was filed in the Court. Learned trial Court framed charges against accused person under Sections 279, 337 and 338 IPC on dated 9.9.2014 and thereafter learned trial Court listed the case for prosecution evidence on dated 30.5.2015. Thereafter out of Court settlement was executed inter se the parties Annexure P2 placed on record.

(3.) Response also filed on behalf of co-respondent No.1 i.e. State of Himachal Pradesh.