NIRMAL THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, a prayer has been made on behalf of the petitioner-accused (hereinafter referred to as the accused) for quashing of the FIR No.235/2016, dtd. 7/9/2016, under Ss. 279 and 304-A of Indian Penal Code, registered at Police Station Una, District Una, H.P., as well as consequent challan in Cr. Case No. 271/2016, pending adjudication before the learned JMIC, Una.

(2.) Facts, as emerge from the record are that, aforesaid FIR came to be registered against the accused at the behest of Shri Harmesh Kumar, who alleged that on 7/9/2016, when he was stacking the packets in his shop in the morning, a car from Mehatpur side came and hit a girl and dragged her to some distance, as a consequence of which, she fell unconscious. Subsequently, he with the help of people of the locality took the girl to the hospital, where she was declared brought dead and in this background, aforesaid FIR came to be lodged against the petitioner-accused. After completion of investigation, police presented the challan in the competent Court of law i.e. JMIC, Una, District Una, H.P.

(3.) During the pendency of the case before the learned Court below, parties have arrived at amicable settlement inter-se them and as such, accused has approached this Court in the instant proceedings, praying therein for quashing of FIR as well as consequent proceedings.