JARNAIL SINGH Vs. STATE OF HIMACHAL PRADESH & ORS.
LAWS(HPH)-2018-7-84
HIGH COURT OF HIMACHAL PRADESH
Decided on July 16,2018

JARNAIL SINGH Appellant
VERSUS
State of Himachal Pradesh and Ors. Respondents

JUDGEMENT

CHANDER BHUSAN BAROWALIA,J. - (1.) The present petition is maintained by the petitioner under section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be called as "the Code") for quashing of F.I.R No.55/2011, dated 14.4.2011, under Sections 279, 337 and 338 of the Indian Penal Code, registered at Police Station, Nadaun, District Hamirpur, H.P, pending before the learned Additional Chief Judicial Magistrate, Nadaun, District Hamirpur, in Case No.60-1/2011, 30-II/2014, titled State of Himachal Pradesh v. Jarnail Singh.
(2.) Briefly stating the facts, giving rise to the present petition are that on 14.4.2011, respondent No.2-complainant alongwith his son, namely, Udit Verma, were present in their shop. At about 4:20 PM, respondent No.2-complainant and his son Udit Verma-respondent No.3, were on the way, on National Highway-88, while they were going by the side of Beas bridge, which was adjacent to Trimurti Market, a scooter bearing No.HP-21-1449, came from Nadaun bus stand, which hit the complainant's son Udit Verma-respondent No.3, who fell down on the road and received injuries on his head. This accident has taken place due to the rashness and negligence driving of the petitioner-accused. The complainant narrated the whole incident to the police, on the basis of which, FIR was lodged. Now, the parties have entered into a compromise, vide written Compromise dated 12.5.2018 (Annexure P-3) and do not want to pursue the case against each other. Hence, the present petition.
(3.) Learned counsel appearing on behalf of the petitioner has argued that as the parties have compromised the matter, vide written Compromise (Annexure P-3), no purpose will be served by keeping the proceedings against the petitioners and the FIR/Challan, may be quashed and set aside.;


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