Himachal Pradesh High Court
Narender Kumar vs . State Of Hp & Anr. on 19 October, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
Narender Kumar Vs. State of HP & anr.
CRMMO No. 879 of 2022 .
19.10.2022 Present: Mr. Vishav Kishore, Advocate, Proxy Counsel for the petitioner.
Mr. Narender Guleria, Additional Advocate General with Ms. Svaneel Jaswal, Deputy Advocate General for respondent-State.
By way of instant petition filed under Section 482 of Cr.P.C., prayer has been made on behalf of the petitioner for quashing of FIR No. 40 of 2022 dated 15.3.2022, registered at Police Station Sundernagar, District Mandi, H.P., under Sections 279, 337 and 338 of IPC as well as consequent proceedings i.e. Police Challan No. 50 of 2022, pending adjudication in the Court of learned Judicial Magistrate 1st Class, Court No.2, Sundernagar, on the basis of compromise, whereby parties have resolved the dispute inter se them.
Pursuant to notice issued in terms of order dated 10.10.2022, Mr. Virender Chauhan, Advocate, has come present along with respondent No.2, Nikka Ram, whose minor daughter suffered injury in the alleged accident. Mr. Nikka Ram, who has come present along with his minor daughter stated that he of his own volition and without there being any external pressure has entered into compromise with petitioner, whereby both the parties have resolved the dispute inter se them. He stated that immediately after the accident, it transpired that accident did not ::: Downloaded on - 19/10/2022 20:09:02 :::CIS
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occur on account of rash and negligent driving, rather his minor .
daughter suffered injuries while crossing the road. He stated that his minor daughter has already recovered from the injury and he has been duly compensated qua the injuries as well as expenses of treatment incurred by him in her treatment and as such does not wish to prosecute the case further and shall have no objection in case FIR sought to be quashed and set aside and petitioner is acquitted of charges framed against him under Sections 279, 337 and 338 of IPC. While admitting the contents of the compromise, placed on record, he admits his signatures thereupon.
Learned Additional Advocate General states that since complainant Ramesh Kumar S/o Sh. Tota Ram, R/o Village Balag, PO Jadol, Tehsil Sundernagar, District Mandi, at whose behest FIR sought to be quashed has not been made party, prayer made on behalf of the petitioner cannot be accepted.
In the aforesaid background, on the oral request of learned Additional Advocate General above named complainant, Ramesh Kumar is ordered to be impleaded as party-respondent No.3.
SHO, Police Station, Sundernagar is directed to contact the aforesaid complainant, Ramesh Kumar and record his statement with regard to compromise, if any, arrived at inter se petitioner and respondent No.2. Police while doing the needful ::: Downloaded on - 19/10/2022 20:09:02 :::CIS
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may specifically ask above named complainant whether he .
intends to prosecute the case further or not.
List on 17.11.2022, on which date SHO, Police Station, Sundernagar may place on record copy of statement, if any, made by above named complainant, enabling this Court to pass appropriate orders in the case. Respondent No.2 need not come present on the date fixed.
r (Sandeep Sharma)
Judge
19th October, 2022
(Guleria)
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