VIKAS DUTTA 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. 318, dated 27.11.2018 under Sections 279, 337 and 304A of the Indian Penal Code registered at Police Station, Indora, District Kangra, Himachal Pradesh as well as consequent proceedings i.e. RC No. 99/21 dated 30.4.2019 pending in the court of learned Judicial Magistrate 1st Class, Indora, District Kangra, Himachal Pradesh, on the basis of compromise entered inter se parties (Annexure P-2). Whether reporters of the Local papers are allowed to see the judgment .

(2.) Averments contained in the petition, which is duly supported by an affidavit as well as compromise placed on record reveal that on 27.11.2018, FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2/complainant, Kuldeep Singh, who alleged that on 27.11.2018, at 3.10 pm, while he was going to Barota from Thakurdwara on his motor cycle, vehicle bearing registration No. PB-07AL-1287, being driven by the petitioner-accused came in a high speed and hit his minor daughter, Tanya, as a consequence of which she fell on the side of road and sustained grievous injuries and unfortunately, she succumbed to the injuries later On the basis of aforesaid statement of respondent No.2, FIR in question came to be lodged against the petitioner for the commission of offences punishable under Ss. 279, 337 and 304A IPC. Though, after completion of investigation, Police presented Challan in the competent Court of law i.e. RC No. 99/21 dated 30.4.2019 in the court of learned Judicial Magistrate 1st Class, Indora, District Kangra, Himachal Pradesh, but it appears that during the pendency of the proceedings before learned Court below, parties have resolved to settle dispute amicably inter se them, as is evident from Annexure P-2 i.e. compromise deed placed on record.

(3.) On 31.10.2019, this Court having carefully perused the averments contained in the petition as well as compromise placed on record, deemed it fit to cause presence of respondent No.2, with a view to ascertain the genuineness and correctness of the compromise placed on record. Pursuant to order dated 31.10.2019, respondent No.2 Kuldeep Singh, who happens to be the father of deceased Tanya, has come present. He, on oath, stated before this Court that he of his own volition and without there being any external pressure, has entered into compromise (Annexure P-2) with the petitioner, whereby he alongwith petitioner has resolved to settle their dispute inter se them and as such, he shall have no objection, in case FIR in question as well as consequent proceedings, initiated at his behest are ordered to be quashed and set aside. He has identified his signatures on the compromise. His statement is taken on record. .