YOGINDER SHARMA Vs. STATE OF HIMACHAL PRADESH

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. 51 of 2017, dated 6.6.2017, under Sections 279, 337, 338 of the Indian Penal Code and Sec. 185 of the Motor Vehicles Act, registered at Police Station, Kandaghat, District Solan, H.P.

(2.) Briefly stating the facts, giving rise to the present petition are that on 6.6.2017, at about 7:15 p.m, respondent No.2 was sitting in his courtyard, when a car bearing registration No.HP-64-8520, which was coming from Chail side, being driven by the petitioner in a rash and negligent manner so as to endanger human life and personal safety of others, fell down from the road, as a result of which, petitioner received grievous injuries as well respondent No.3 suffered simple injuries. 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, dated 13.2.2019, Annexure P-2 & P-3, and they 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 P-2 & P-3), no purpose will be served by keeping the proceedings against the petitioners and the FIR/Challan, may be quashed and set aside.