GHAN SHYAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Present petition has been filed for quashing of FIR No. 119 of 2018 dtd. 13/5/2018 registered under Ss. 279, 337, 338 of Indian Penal Code and Ss. 181 and 187 of the Motor Vehicle Act at P.S. Boileauganj, Shimla-5 H.P., and criminal proceedings initiated in pursuance thereto, on the basis of compromise, arrived at between petitioner-accused and complainant-respondent No. 2.

(2.) Petitioner/accused and respondent No. 2- complainant are present in Court, who are duly identified by their respective counsel. Their statements on oath have also been recorded.

(3.) Respondent No. 2, complainant, present in person in Court today, endorses compromise, (Annexure P- 3) and in her statement, recorded on oath in this Court, has reiterated compromise between her and petitioner/accused and has deposed that on the day of accident, motorcycle had hit her from the side when she was coming from the house of her relations after attending the marriage ceremony. She has stated that she had not been knowing the cause of accident or identity of the person or vehicle involved in the accident. She has also stated that cause of accident was also not in her knowledge and till date, she is not sure that accident had taken place with the motorcycle being driven by petitioner and his name and address might have been disclosed to the police by persons gathered on the spot. She has further stated that she does not know how the police has traced and identified the petitioner as a person involved in the accident and also does not know the reason of accident and on this ground, she has compromised the matter with petitioner and sought permission to compound the case by quashing the FIR lodged by her and proceedings initiated in pursuant thereto.