ROHIT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition, under Section 482 of the Code of Criminal Procedure (herein after referred to as 'Cr.PC') has been filed by petitioner-accused, on the basis of compromise arrived at between petitioner-accused Rohit and complainant-respondent No. 2, Suresh Kumar for quashing FIR No. 51 of 2018, dated 18.5.2018, under Sections 279, 337 of the Indian Penal Code and Sections 181, 192 and 196 of the Motor Vehicles Act, registered at Police Station, Shahpur, District Kangra, H.P.

(2.) Respondent No. 2-complainant, Sh. Suresh Kumar is present in the Court and his statement has been recorded on oath, wherein he has deposed that on the date of accident, when he was crossing the road, he was hit by Motor Cycle being driven by petitioner Rohit present in the Court. He doesn't know how the accident had taken place, as he was crossing the road at that time, but had not noticed the vehicle or the Motor Cycle coming on the road and after the accident he lodged the complaint on the basis of information supplied to him by Police officials, as at the time of accident, he was alone and immediately after he was hit by the Motor Cycle he had fallen unconscious and therefore, the cause of accident was not in his personal knowledge, therefore, he is not able to say that how the accident had occurred and as to whether petitioner was at fault or not and that after the accident petitioner along with his family had approached him in his village and had taken care of his injuries and further that petitioner is a young graduate engineer and even if had it been fault on his part, he would have forgive him, as he was feeling guilty for hitting him with his Motor Cycle, therefore, he does not intend to continue criminal proceedings against him and has prayed for compounding the case. He has stated that he is deposing in the Court out of his free will, consent and also without any coercion, pressure or threat etc.

(3.) Statement of petitioner/accused has also been recorded on oath, wherein he, endorsing the statement of complainant, has stated that he is feeling guilty for hitting the complainant and therefore has repentance for the same and has apologized to the complainant, who has agreed to forgive him. He undertakes to be more careful in future. He further deposed that at the time of accident he was not in possession of documents of the vehicle as well as driving licence, but now he possesses the same. He has also stated that he has deposed in the Court out of his free will, consent and without any coercion, pressure or threat.