SATISH KUMAR Vs. STATE OF HIMACHAL PRADESH

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. 43, dated 3.6.2019, under Sections 279, 337 and 338 of the Indian Penal Code registered at Police Station, Kumarsain, District Shimla, Himachal Pradesh and consequent proceedings pending in the competent Court of law, on the basis of compromise (Annexure P-2) arrived inter se parties.

(2.) Facts, as emerge from the record are that the FIR in question came to be lodged against the petitioner at the behest of HC Peeyush Raj, who alleged that on 3.6.2019, at about 7.00 am, a car bearing registration No. HP06A-6877 (Swift) met with an accident with motor cycle bearing registration No. HP52A-8391 being driven by respondent No.3, as a consequence of which, petitioner and respondent No. 3 sustained injuries. On the basis of information given by the complainant herein above, case under Ss. 279, 337 and 338 IPC came to be registered against the petitioner, who was driving car bearing registration No. HP06A6877. Though the investigation stands completed but Challan has yet not been presented by the Police. However, before Challan could be filed in the competent Court of law, parties have resolved to settle their dispute amicably inter se them, as is evident from compromise dated 20.8.2019 (Annexure P-2.

(3.) On 11.9.2019, this Court while issuing notice to the respondents, deemed it necessary to cause presence of respondent No.3 so as to ascertain the genuineness and correctness of the compromise placed on record. This Court also directed learned Deputy Advocate General to verify the factum with regard to compromise from the police officials. Pursuant to order dated 11.9.2019, respondent No. 3 Lok Chand has come present with police official namely Sushil Kumar.