SHIVAM THAKUR Vs. STATE OF H. P.
HIGH COURT OF HIMACHAL PRADESH
STATE OF H. P.
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Chander Bhusan Barowalia,J. -
(1.) The instant petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioner for quashing of F.I.R No. 197 of 2020, dated 19.9.2020, under Sections 279 and 337 of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station Boileauganj, District Shimla, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.
(2.) Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that on 19.9.2020, at about 11:00 a.m, petitioner alongwith her wife drove a vehicle bearing No.HP-35-2550, (Swift car) when he reached near Jatia Devi bus stand, another vehicle bearing No.HP-01A-6541 (Swift Dezire) coming towards Jubbarhati side, in a wrong direction and struck against the car, as a result of which, respondent No.2 suffered simple injuries in his leg. This accident has taken place due to the rash and negligent driving of the petitioner. Pursuant thereto, statement of respondent No.2 came to the Police Station for lodging FIR against the petitioner. Now, respondent No.2 entered into a compromise, on the basis of compromise deed, dated 4th January, 2021 (Annexure P-2), stated that he does not want to pursue the case against the petitioner. Hence, the present petition.
(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.;
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