ASHISH KUMAR GULERI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.482 CrPC, prayer has been made on behalf of the petitioner for quashing and setting aside FIR No. 176, dated 22.9.2018, under Ss. 279 and 337 of the Indian Penal Code and Ss. 184 and 187 of the Motor Vehicles Act, registered with Police Station Police Station, Dharamshala, District Kangra, Himachal Pradesh and consequent proceedings in Cr. Case No. 85-II/2018 titled State vs. Ashish Kumar Guleri, pending before learned Judicial Magistrate 1st Class-II, Dharamshala District Kangra, Himachal Pradesh, on the basis of compromise (Annexure P-2) arrived inter se parties.

(2.) Precisely, the fact as emerge from the record are that FIR detailed herein above came to be lodged at the behest of respondent No.3/complainant, who alleged that vehicle bearing registration No. HP-39A-7836, being driven in rash and negligent manner by the petitioner-accused hit him, while he was near Bus Stand, Dharamshala, as a consequence of which, he suffered injuries. On the basis of complaint made by respondent No.3, FIR in question came to be lodged against the petitioner under Ss. 279 and 337 of the Indian Penal Code and Ss. 184 and 187 of the Motor Vehicles Act. Police after completion of investigation, presented Challan in the competent Court of law i.e. Judicial Magistrate 1st Class-II, Dharamshala, which is still pending adjudication. However, it appears that during the pendency of the case before learned Court below, parties have resolved to settle dispute amicably inter se them, as is evident from Annexure P-2.

(3.) On 12.9.2019, this Court while issuing notice to the respondents, deemed it necessary to cause presence of respondent No.3, so as to ascertain the genuineness and correctness of the compromise between the Parties. This Court also directed learned Deputy Advocate General to verify the factum with regard to compromise, from the police officials.