GAGAN DEEP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No.33/2019 dated 28.6.2019 under Sections 279 , 337 and 304 -­A of Indian Penal Code ( for short ' IPC '), registered with Police Station, Chintpurni, District Whether reporters of the Local papers are allowed to see the judgment? Una, H.P., as well as consequent proceedings i.e. Criminal Case No.325/I/2019, pending adjudication in the Court of learned Judicial Magistrate,1st Class, Court No.2, Amb, District Una, H.P., on the basis of the compromise arrived inter se parties (Annexure P-­2).

(2.) Averments contained in the petition, which is duly supported by an affidavit, reveals that FIR sought to be quashed in the instant proceedings, came to be lodged by person namely, Jeet Singh, who alleged that on 28.6.2019, person riding the scooter bearing registration No. HP-­19-­E-­2293 suffered injuries on account of being hit by the vehicle bearing registration No. PB-­10-­GT-­9746 being driven by the petitioner at that relevant time. Aforesaid scooter was being driven by respondent No.2/complainant Sh. Kamal Khan and his father namely, Sh. Bashir Mohammad was a pillion rider. On account of the injuries suffered in the aforesaid accident, pillion rider namely, Sh. Bashir Mohammad, who was 82 years old, has expired. On the basis of aforesaid complaint lodged by the above named person Sh. Jeet Singh, FIR sought to be quashed in the instant proceedings, came to be lodged at police Station, Chintpurni, District Una, Himachal Pradesh. After completion of the investigation, police presented the challan in the Court of learned Judicial Magistrate,1st Class, Court No.2, Amb, District Una, Himachal Pradesh, which is pending adjudication. During the pendency of aforesaid case before the Court at Amb, parties have resolved to settle their dispute amicably, as is evident from compromise deed (Annexure P-­2) placed on record, whereby both the parties with the intervention of respectable members of the society have resolved to settle their dispute amicably inter se them.

(3.) On 23.12.2019, this Court while issuing notice to the respondents, deemed it necessary to cause presence of the parties, especially respondent No..2, Sh. Kamal Khan, who in the alleged accident suffered injuries and lost his father. Pursuant to aforesaid order dated 23.12.2019, parties have come present in Court. Respondent No.2/Complainant namely, Sh. Kamal Khan on oath stated before this Court that he of his own volition and without there being any external pressure has entered into the compromise with the petitioner, whereby they have resolved to settle their dispute amicably inter se them and as such, he shall have no objection in case prayer made on behalf of the petitioner for quashment of FIR as well as consequent proceedings, is accepted. His statement is taken on record.