BALBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, prayer has been made on behalf of the petitioner for quashing of FIR No.60 of 2018, dated 6.8.2018, under Sections 279, 337 & 323 of Indian Penal Code ( for short IPC ), and Section 187 of the Motor Vehicles Act, registered at Police Station, Nirmand, Tehsil Nirmand, District Kullu, H.P., as well as consequent proceedings pending adjudication in the Court of learned Judicial Magistrate, 1st Class, Anni, District Kullu, H.P., on the basis of the compromise (Annexure P-2) arrived inter se parties.

(2.) Sequel to order dated 21.6.2019, Mr. Vinod Thakur, Advocate has filed Power of Attorney on behalf of respondent No.2, who is present in Court alongwith his father Sh. Nand Lal. Power of Attorney is taken on record.

(3.) Averments contained in the petition, which is duly supported by an affidavit, reveal that at the behest of respondent No.2/ complainant, Pankaj, who is minor, FIR No.60 of 2018, dated 6.8.2018, came to be registered against the petitioner at police Station, Nirmand, District Kullu,H.P., Perusal of FIR reveals that on 6th August, 2018, complainant/ respondent No.2 was allegedly hit by the car (Alto K10) bearing registration No. HP-52-A-0432 being driven by the petitioner, as a consequence of which, he suffered minor injuries. After completion of the investigation, police presented the challan in the Court of learned Judicial Magistrate, 1st Class, Anni, District Kullu, Himachal Pradesh. Since parties have resolved to settle their dispute amicably inter se them, as is evident from the compromise(Annexure P-2), present petition has been filed by the petitioner for quashing of the FIR as well as consequent proceedings pending in the competent Court of law.