NIKHIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F. I. R No. 26 of 2019, dated 15. 2. 2019, under Sections 279, 337, 338 of the Indian Penal Code and Sections 181 and 196 of the Motor Vehicles Act, registered at Police Station, Nagrota Bagwan, District Kangra, H. P.

(2.) Briefly stating the facts, giving rise to the present Whether reporters of Local Papers may be allowed to see the judgment? Yes. petition are that on 15. 2. 2019, petitioner was going to Danoa on his motorcycle bearing No. HP40A-0858 TVS Victor, at the same time, respondent No. 3 was also going to Danoa, on his motorcycle Model Apache Temporary bearing No. HP-22T-9660. Around 1:15 p. m, when the petitioner as well respondent No. 3 reached at Bharyalu, the petitioner tried to overtake motorcycle being driven by respondent No. 3, but due to rash and negligent driving and error of judgment on his part, he hit his motorcycle, thereafter, a private bus bearing No. HP68-A- 0374, which was coming from the opposite side and was stopped by the driver, on the road side, after seeing the speeding motorcycle. The petitioner, who was driving his bike, applied his break on looking the bus and at that time the bike was skid and struck against the bus, as a result of which, petitioner sustained simple as well as grievous injuries on his person. On the basis of which, respondent No. 3 reported the matter to the police and FIR was lodged. Now, the parties have entered into a compromise, vide Compromise Deed, dated 19. 8. 2019, Annexure P-3, and 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-3), no purpose will be served by keeping the proceedings against the petitioners and the FIR/Challan, may be quashed and set aside.