SHABIR KHAN Vs. STATE OF H.P.
HIGH COURT OF HIMACHAL PRADESH
STATE OF H.P.
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Sandeep Sharma, J. -
(1.)By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No.123/2015 dated 5.5.2015 under Sections 279, 337 and 338 of Indian Penal Code (for short 'IPC'), registered with Police Station, Sunder Nagar, District Mandi H.P., as well as consequent proceedings pending adjudication in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Sunder Nagar, District Mandi, H.P., on the basis of the compromise arrived inter se parties (Annexure P3).
(2.)Averments contained in the petition, which is duly supported by an affidavit, reveals that FIR sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.3 (hereinafter 'complainant') namely, Sh. Vijay Kumar, who alleged that on 5.5.2015 at around 8:45 AM, while he was walking alongside the road, he saw petitioner hitting respondent No.2 while driving rashly and negligently, as a consequence of which, respondent No.2 fell on the road and sustained multiple injuries.
(3.)After completion of investigation, police presented challan in the Court of learned Additional Chief Judicial Magistrate, Court No.1 Sunder Nagar, District Mandi, which is pending adjudication. However, the fact remains that before aforesaid proceedings could be taken to its logical end, respondents No.2 and 3 being complainant and injured have resolved to settle their dispute amicably with the petitioner and as such prayer has been made on behalf of the petitioner for quashing of FIR as well as consequential proceedings.
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