BADAL VASHISHT Vs. STATE OF H.P.
LAWS(HPH)-2020-3-107
HIGH COURT OF HIMACHAL PRADESH
Decided on March 16,2020

Badal Vashisht Appellant
VERSUS
STATE OF H.P. Respondents

JUDGEMENT

SANDEEP SHARMA,J. - (1.)By way of present petition filed under S.482,Cr.P.C, prayer has been made on behalf of the petitioner for quashing and setting aside FIR No. 6, dated 4.1.2020, under Sections 279 and 337 of the Indian Penal Code registered at Police Station, Kangra, District Kangra, Himachal Pradesh along with consequential proceedings pending in the competent Court of law, on the basis of compromise, Annexure P-2.
(2.)Averments contained in the petition reveal that the FIR in question came to be lodged on the basis of a complaint lodged by respondent No.2complainant on 4.1.2020, alleging therein that the petitioner, who was driving Car bearing registration No. HP-57-5394, hit two cars bearing registration No. HP-73-2277 and No. HP-36-2880, in which two persons received injuries. It was alleged in the complaint that the accident took place due to rash and negligent driving of the petitioner, who was driving Car bearing registration No. HP-57-5394, while overtaking his (complainant''s) car. On the basis of the aforesaid complaint, FIR in question was registered against the petitioner. However, before further proceedings in the FIR could take place, parties have arrived at compromise on 5.2.2020, as is evident from compromise dated 5.2.2020 (Annexure P-2).
(3.)On 2.3.2020, this Court, having taken note of the averments contained in the petition as also the compromise placed therewith, deemed it necessary to cause presence of respondent No.2, with a view to ascertain the genuineness and correctness of the compromise, annexure P-2. Pursuant to order dated 2.3.2020, petitioner, complainant and the injured Navneet Singh Guliera have come present today. Respondent No.2, stated on oath that he, of his own volition and without there being any external pressure has entered into compromise, annexure P-2, whereby he along with petitioner has resolved to settle their dispute amicably inter se them. Respondent No.2 stated that he shall have no objection in case FIR in question is quashed and set aside along with all consequential proceedings and petitioner is acquitted in the present case. Respondent No.2 has identified her signatures on the compromise, annexure P-2. His statement is taken on record.
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