RAJINDER PRASHAD Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioner for quashing of F.I.R No. 239/18, dated 07.12.2018, under Sections 279 and 337 of the Indian Penal Code, registered at Police Station Theog, District Shimla, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stating the facts, giving rise to the present petition are that on 07.12.2018, respondent No. 2/complainant alongwith his wife was coming to Shimla from his Village at Lahoti, around 1:00 p.m., when he reached near Dev Bhoomi Cold Store, Matiyana, a car, bearing registration No. HP-06A-1476, being driven by the present petitioner, came from opposite side and collided with his car, due to which, he sustained injuries. As per the complainant, the accident has occurred due to rash and negligent driving of the petitioner, consequently, F.I.R No. 239/18, dated 07.12.2018, came to be registered against the petitioner. However, now the parties have settled their dispute, vide compromise Deed, Annexure P-2 and in order to maintain their relation cordial, they do not want to pursue the case against each other. Hence the present petition.

(3.) Learned vice counsel appearing on behalf of the petitioner has argued that as the parties have compromised the matter, vide Compromise Deed Annexure P-2, no purpose will be served by keeping the proceedings alive, hence the FIR, alongwith consequent proceedings, arising out of the same, pending before the learned trial Court may be quashed and set aside.