JUDGEMENT
SANDEEP SHARMA,J. -
(1.)By way of instant petition, prayer has been made on behalf of the petitioner for quashing of FIR No.29 of 2019 dated 3.3.2019, under Sections
279 and 337 of IPC read with Section 187 of MV Act, registered with Police Station Palampur, District Kangra, H.P., as well as consequent proceedings, if
any, pending before the court below, on the basis of compromise/amicable
settlement arrived inter-se parties.
(2.)Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR sought to be quashed in the
instant proceedings came to be lodged at the behest of the
respondent No.4-complainant (herein after referred to as "the
complainant"), who alleged that on 3.3.2019, at about 12:30 pm, when
Whether reporters of the Local papers are allowed to see the judgment?
he along with his brother namely Krishan Kumar (respondent No.5) was
returning from Banuti to Palampur on their Scooty bearing No. HP-
37F01145, , a Baleno Car being driven by the present petitioner came in high speed near New Sabzi Mandi, Palampur and hit their Scooty, as a
consequence of which, they fell down and received injuries. On the basis
of aforesaid complaint, lodged by respondent No.4-complainant, FIR sought to
be quashed in the instant proceedings came to be lodged against the present
petitioner. After completion of investigation, police presented challan in the
court of learned Chief Judicial Magistrate and same is pending adjudication.
However, fact remains that before case initiated at the behest of the
complainant could be taken to its logical end, parties to the lis have resolved
to settle their dispute amicably inter-se them by way of compromise placed on
record.
(3.)Pursuant to notice issued on 18.2.2020, parties have come present before this Court. Respondents No. 4 and 5 (complainant and injured)
state on oath before this Court that they of their own volition and without there
being any external pressure, have entered into compromise with the
petitioner-accused with a view to maintain cordial relations. They state that
they shall have no objection in case FIR as well as consequent proceedings
pending before the court below, are ordered to be quashed and set-aside
and petitioner-accused is acquitted. Their statement made on oath is taken
on record.
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