KULBHUSHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC') has been filed by petitioner, on the basis of compromise deed (Annexure P-2) arrived at between the parties, for quashing of FIR No. 47/2019, dated 02.03.2019, registered under Sections 279 and 337 of the Indian Penal Code (herein after referred to as 'IPC') and subsequent proceedings arising thereof.

(2.) On 17.10.2019, complainant/victim Vanshika was present in the Court and her statement on oath was recorded wherein she has stated that FIR No. 47/2019, dated 02.03.2019 was registered at Police Station, Sadar, Solan, under Sections 279 and 337 of IPC at her behest. She has further stated that the accident which, in fact, took place, which stands mentioned in the above mentioned FIR, was not a result of rash and negligent driving of the accused therein and she on perusal of Annexures P-1 and P-2 appended with the petition acknowledged the execution as well as contents thereof and further identified her signatures on Annexure P-2. She has further stated that the said documents were executed by her out of her free will and volition and not under any coercion or duress and whatever statement she had made in the Court, was also on account of her free will and volition and not under any coercion or duress and that in view of affidavit filed by her appended with the petition as P-1, she is no more interested in pursuing FIR No. 47/2019, dated 02.03.2019, registered at Police Station, Sadar, Solan, under Sections 279 and 337 of IPC and subsequent criminal proceedings i.e. case No. 111/2019, titled as State v. Kulbhushan, pending before the Court of Judicial Magistrate 1st Class, Solan and having no objection in quashing the FIR and setting aside criminal proceedings pending before the Court of Judicial Magistrate, 1st Class, Solan.

(3.) It is contended on behalf of the respondent-State that petitioner is not entitled to invoke inherent jurisdiction of this Court to exercise its power on the basis of compromise arrived at between the parties with respect to an offence not compoundable under Section 320 Cr.P.C.