JITENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under section 482 of the Code of Criminal Procedure, 1973 a joint prayer has been made on behalf of petitioner No.1 ( for short 'Accused') and petitioner No.2, Sh. Rahul (for short 'Complainant') for quashing of FIR No. 239 of 2011, dated 1.11.2011, under Sections 279, 337 of Indian Penal Code( for short 'IPC'), and under Sec. 187 of the Motor Vehicles Act, registered at Police Station, Hamirpur, District Hamirpur H.P., and judgment of conviction passed by learned Judicial Magistrate, 1st Class, Court No.3, Hamirpur, H.P. in police challan/RBT No.57111/ 5II12, titled as State of Himachal Pradesh Vs. Jitender Kumar, as well as consequent proceedings pending adjudication before the learned Sessions Judge, Hamirpur, District Hamirpur, Himachal Pradesh, on the ground that during the pendency of the appeal having been filed by the petitioner before the learned Sessions Judge, Hamirpur, petitioner has compromised the matter with the complainant, who had suffered injuries in an unfortunate accident.

(2.) Averments contained in the petition suggest that on 1.11.2011, FIR, detailed herein above, came to be lodged against the present petitioner on the complaint of complainant Rahul son of Sh. Roshan Lal, who alleged that he suffered multiple injuries after being hit by vehicle bearing registration No.HP67A0193 being driven by the petitioner in rash and negligent manner on the wrong side of the road. After completion of the investigation, police presented the challan in the competent Court of law i.e. Judicial Magistrate 1st Class, Court No.3, Hamirpur, H.P.

(3.) Learned trial Court on the basis of the evidence adduced on record by the prosecution, found the accused guilty of having committed the offence punishable under Sec. 279, 337 and 338 of the Penal Code and Sections 181 and 187 of the Motor Vehicles Act and accordingly, convicted and sentenced him to undergo: