DINESH KUMAR Vs. KUSHAL KUMAR

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.43 of 2018, dated 8.2.2018, under Sections 279, 337 and 338 of the Indian Penal Code and Sections 185 and 196 of the Motor Vehicles Act, registered at Police Station, Sadar, District Mandi, H.P.

(2.) Briefly stating the facts, giving rise to the present petition are that on 7.2.2018 respondent No.1-complainant went to attend a marriage of his friend, namely, Tej Singh, in a vehicle motorcycle bearing registration No.HP-33C-3266, where petitioner was also there. Thereafter, attending the marriage, they went to near Gampul Chowk, around 10:30 p.m, in a vehicle motorcycle bearing registration No.HP-33C-3266, 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, due to which, respondent No.1-complainant received simple injuries as well third pillion rider on the motorcycle, namely, Vishal, who had received grievous injuries. On the basis of which, respondent No.1 reported the matter to the police and FIR was lodged. Now, the parties have entered into a compromise, vide Compromise Deed, dated 24.6.2019, Annexure P-1, 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-1), no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.