Decided on March 06,2020

Rakesh Chander Kalia Appellant
STATE OF H.P. Respondents


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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