GOPAL SINGH 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 of FIR No. 2, dated 9.1.2016 under Sections 279, 337 and 338 of the Indian Penal Code registered against the petitioner at Police Station Darlaghat, Solan, Himachal Pradesh as well as consequential proceedings pending in the Court of learned Judicial Magistrate 1st Class, Arki, District Solan, Himachal Pradesh being Case No. 32 of 2016, titled State vs. Gopal Singh, on the basis of amicable settlement arrived inter se petitioner and respondents No.2 and 3, i.e. complainant and the injured, respectively.

(2.) Mr. Rahul Thakur, Advocate has filed memo of appearance on behalf of respondents No.2 and 3, who have also come present in the court for getting their statements recorded.

(3.) Precisely, the facts as emerge from the record are that on 9.1.2016, vehicle bearing Registration No. HP-11-8137, in which respondents No.2 and 3 were traveling, was hit by another vehicle bearing registration No. HP-63-6815, being driven by the petitioner, as a consequence of which, respondent No.3 sustained injuries. On the basis of complaint made by respondent No. 2, who was also one of the occupants in the ill-fated vehicle, FIR detailed herein above came to be lodged against the petitioner. Police, after completion of investigation, presented Challan against the petitioner-accused in the competent Court of law for having committed offence punishable under Ss.279, 337 and 338 IPC.