NITIN SETHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, a prayer has been made on behalf of the petitioner for quashing of FIR No.158/18 dated 31.12.2018, under Sections 279 , 337 and 338 of IPC, registered with Police Station East, Shimla, District Shimla, H.P., as well as consequent proceedings pending before the court below on the basis of compromise/amicable settlement arrived inter-se parties.

(2.) Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of the respondent No.2-complainant (herein after referred to as "the complainant"), who alleged that on 31.12.2018, vehicle bearing No. HP 52A 5804, being driven by the petitioner has met with an accident, as a consequence of which, petitioner has suffered injuries. On the basis of aforesaid complaint, lodged by respondent No.2-complainant, FIR sought to be quashed in the instant proceedings came to be lodged against the present petitioner. After completion of investigation, police presented challan in the court of learned CJM Shimla (registration No. 128 of 2019) and same is pending adjudication. However, fact remains that before case initiated at the behest of the complainant could be taken to its logical end, parties to the lis have resolved to settle their dispute amicably inter-se them by way of compromise placed on record (Annexure P-2).

(3.) Mr. Sudhir Bhatnagar, learned Additional Advocate General waives notice on behalf of the State, whereas Mr. Vivek Sharma, Advocate has filed power of attorney on behalf of the complainant namely Raman Batish, who is also present in the Court. Raman Batish states on oath before this Court that he of his own volition and without there being any external pressure, has entered into compromise with the petitioner-accused with a view to maintain cordial relations. Complainanat further states that he shall have no objection in case FIR as well as consequent proceedings pending before the court below, are ordered to be quashed and set-aside and petitioner-accused is acquitted. His statement made on oath is taken on record.