Ashok Kumar vs State Of H.P. And Anr

Satyen Vaidya, J

By way of this petition, a prayer has been made for quashing of FIR No. 165 of 2015, dated 31.12.2015, registered at Police Station Nadaun, District Hamirpur, H.P., under Sections 279, 337, & 338 of the Indian Penal Code and Sections 181, 185, and 196 of the Motor Vehicle Act, 1954 and consequent criminal proceedings, on the ground that the parties have compromised the matter.

It is averred in the petition that on 7. 12.2022 compromise has been arrived at between the parties. After such compromise all disputes inter se them have been resolved and they have decided to maintain good and cordial relations in future.

Petitioner and respondent No. 2 are present in the Court today. Their separate statements have been recorded on oath. Respondent No. 2 has specifically stated that he had received injuries on account of accident. He was hit by a tractor driven by the petitioner. Later, he realized that the petitioner was not at fault and accident had taken place due to peculiar circumstances that had abruptly erupted at the spot. Respondent No. 2 has been duly compensated by the petitioner after the accident and was also helped a lot. Now, he has compromised the matter with the petitioner and wanted to maintain good and cordial relations in future and for this purpose alone the compromise has been effected. Now, the matter stands compromised and in view of such compromise, he does not intend to further prosecute the petitioner. He has also verified the contents of compromise, Annexure P-2 and has identified his signatures thereon.

Perusal of FIR No. 165 of 2015 reveals that on the basis of allegations contained therein a case under Sections 279, 337, & 338 of the Indian Penal Code and Sections 181, 185, and 196 of the Motor Vehicle Act, 1954, was registered against petitioner. The allegations contained therein had overtones of serious misunderstanding. Now, better sense has prevailed upon parties and they have settled all their disputes. As a necessary consequence, the dispute arising out of the aforesaid FIR has also been compromised. Respondent No. 2 has been duly compensated and had been provided all possible help by the petitioner after the accident. They have now decided to maintain good and cordial relations in future, hence, it will be in the interest of justice to allow the prayer made in the petition so as to enable the petitioner to have good and cordial relations in future, which otherwise is also the ultimate object of every civilized society.

In light of above discussion, the instant petition is allowed. FIR No. 165 of 2015, dated 31. 12.2015, registered at Police Station Nadaun, District Hamirpur, H.P., under Sections 279, 337, & 338 of the Indian Penal Code and Sections 181, 185, and 196 of the Motor Vehicle Act, 1954 and consequent criminal proceedings, are ordered to be quashed.

Pending miscellaneous application(s), if any, shall also stand disposed of.