NITISH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Present petition has been preferred under Section 482 Cr.P.C. for quashing of FIR No. 26 of 2018 dated 1.5.2018, registered at P.S.Rakkar, District Kangra under Sections 279, 337 and 338 IPC and 181 of Motor Vehicles Act lodged by respondent No.2 Nikhil Thakur and consequential proceedings, if any, initiated in pursuance thereto against the petitioner. Present petition has been filed on the basis of compromise arrived at between the parties.

(2.) Petitioner/accused and respondents No. 2 to 4 along with their fathers are present in Court. The statements of complainant Nikhil Thakur as well as injured namely Gurvinder Singh and Saurabh Sharma and their fathers and petitioner Nitish Kumar have also been recorded on oath on 19th September, 2019 in the Court.

(3.) Complainant/respondent No.2 Nikhil Thakur as well as injured respondents No 3 and 4 Gurvinder Singh and Saurabh Sharma, in their statements recorded on oath, have stated that on the day of incident i.e. 1.5.2018 at about 3 PM, Nikhil Thakur (complainant) and Gurvinder Singh and Saurabh Sharma (injured) along with other students were returning home after school hours by walking on left side of road. They have stated that at that time, a motorcycle had come from back side, causing injuries to them and thereafter, they were shifted to hospital by other students and police had recorded statement of Nikhil Thakur, on the basis of which FIR No. 0026 dated 1.5.2018 was registered in P.S. Rakkar. They have also stated that later on, from other school students being spot witnesses, the number of motorcycle and the name of rider thereof as Nitish Kumar had come in their knowledge. They have further stated that they were not knowing Nitish Kumar personally before accident and as motorcycle had hit them from back side, they had not noticed him driving the motorcycle on the spot at the time of accident.