LAWS(HPH)-2019-5-110

HARMAN KAUR Vs. STATE OF HIMACHAL PRADESH

Decided On May 01, 2019
Harman Kaur Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 28/2018, dtd. 19/3/2018, under Ss. 279 and 337 of the Indian Penal Code, registered at Police Station, Dharampur, District Solan, H.P.

(2.) Briefly stating the facts, giving rise to the present petition are that on 19/3/2018, at about 1:45 p.m, petitioner driving a vehicle bearing registration No.PB-65AK-0005 (Toyata Fortuner) and when reached at Bypass road Kumarhatti near Mahindra Show Room, in a very high speed, struck against the vehicle Mahindra XUV-500, due to which, respondent No.2 received simple injuries. The vehicle in question was being driven by the petitioner in a rash and negligent manner so as to endanger human life and personal safety of others. On the basis of which, respondent No.2 reported the matter to the police and FIR was lodged. Now, the parties have entered into a compromise, vide Compromise Deed, dtd. 1/11/2018, Annexure C-2/A, and do not want to pursue the case against each other. Hence, the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, vide Compromise Deed (Annexure C-2/A), no purpose will be served by keeping the proceedings against the petitioners and the FIR/Challan, may be quashed and set aside.