LAWS(HPH)-2019-8-207

VISHAL KUMAR GUPTA Vs. STATE OF HIMACHAL PRADESH

Decided On August 09, 2019
Vishal Kumar Gupta Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of present petition filed under S.482 CrPC, prayer has been made on behalf of the petitioner for quashing and setting aside FIR No. 146, dated 31.5.29017, under Ss. 279, 337, 304A and 201 IPC and S.187 of Motor Vehicles Act, registered at Police Station, Una, Himachal Pradesh alongwith consequential proceedings pending before learned Additional Chief Judicial Magistrate, Una, Himachal Pradesh, on account of compromise dated 30.5.2019 (available at Pp.6-7 of the paper- book).

(2.) FIR, detailed herein above came to be lodged at the behest of respondent No.2-Jyoti, against the petitioner qua alleged accident dated 31.5.2017, in which one Smt. Manjit wife of respondent No.3-Darshan Deep, sustained injuries and later on expired. As per contents of FIR, on 31.5.2017, at around 4.30 pm, when complainant was standing near Mahadev General Store situated on the road side at Village Ajnoli, a vehicle i.e. Duster bearing registration No. PB-04S-4881 came from Una side and hit Smt. Manijit, who was crossing the road. Unfortunately, aforesaid lady succumbed to her injuries though she was rushed to the hospital.

(3.) On 5.7.2019, when matter came up for the first time, learned counsel for the petitioner apprised the court that during the pendency of the Challan before competent Court of law i.e. Additional Chief Judicial Magistrate, Una, petitioner has compromised the matter with respondent No.3, who happens to husband of deceased Manjit vide compromise dated 30.5.2019 and as such, matter can be ordered to be compounded in terms of the judgment rendered by Hon'ble Apex Court in Narinder Singh and others versus State of Punjab and another (2014)6 SCC 466.