Happy Rana vs State Of Himachal Pradesh & Anr

Virender Singh, J

Petitioner–Happy Rana has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No. 147/2020, dated 03.10.2020, (hereinafter referred to as ‘FIR in question’) registered under Sections 279, 337, 338 of Indian Penal Code, (hereinafter referred to as the ‘IPC’) and Sections 181 and 185 of Motor Vehicles Act, with Police Station Dehra, District Kangra, H.P., as well as, the proceedings resultant thereto, pending before the Court of learned Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P. (hereinafter referred to as the ‘trial Court’), on the basis of the compromise, which is stated to have taken place between the petitioner and respondent No. 2.

The present petition has been filed by the petitioner, on the gro nd, that on 03.10.2020, on the statement of resp ndent No. 2, FIR in question was registered against him, in which, the police has conducted the investigation and submitted charge sheet before the learned trial Court.

It is his further case that during the pendency of those proceedings, matter has now been compromised and on the basis of compromise, a prayer for quashing of the FIR in question has been made.

On the basis of above facts, a prayer has been made to allow the petition, as prayed for.

When put to notice, police has filed the status report, disclosing therein, that on 03.10.2020, at about 7:00 – 7:15 pm, while respondent No. 2­complainant Akshay Kumar, along with Kamal and Keshav, had gone for running practice, when, they reached near vegetable shop at place Batwad, one motorcycle hit respondent No. 2­complainant from behind, due to which, he sustained multiple injuries and his wo ee h were broken on the spot. The accident took place due to rash and negligent driving of motorcycle rider i.e. Happy Rana (petitioner). Thereafter, FIR in question has been registered and the criminal machinery swung into motion. On completion of the investigation, challan against the petitioner has been filed, w ich is pending adjudication, before the learned trial Court.

Complainant/injured has been impleaded as respondent No. 2, in this case, who has put appearance along with his Counsel. Respondent No. 2 has made a categorical statement that he sustained injuries in the accident and on his statement, police registered the FIR in question, against petitioner Happy Rana. Thereafter, the police conducted the investigation and after the investigation, charge­sheet has been filed, which is pending before the learned trial Court.

According to respondent No. 2, the matter has now been compromised, in terms of compromise Annexure P­3, which bears his signatures encircled red at point A. The said compromise is stated to have been effected between the parties out of their sweet free will and without any coercion.

Similar type of statement has also been made by the petitioner.

Heard.

On the basis of above facts, learned counsel, appearing for the petitioner, has submitted that there is no previous criminal history of the petitioner, and according to him, the accident in question seems to have taken place due to the error of judgment. As such, it has been prayed that petitioner, as well as, respondent No. 2, have taken positive steps to settle the dispute and said efforts should be recognized by the Court.

When, the person who has put the criminal machinery into motion has deposed, on oath, by stating that the matter has been compromised, then, permitting the proceedings against the petitioner to continue would be nothing, but, the abuse of process of law. The chances of success of the case of the prosecution against the petitioner are also not so bright.

Moreover, the accep ance of the petition will also save the precious judicial time of the learned trial Court and the learned trial Court will be in a position to devote such time f r the decision of some other serious matters.

Considering all these facts, the petition is allowed. FIR No. 147/2020, dated 03.10.2020, under Sections 279, 337, 338 of IPC and Sections 181 and 185 of Motor Vehicles Act, registered with Police Station Dehra, District Kangra, H.P., as well as, proceedings resultant thereto, pending in the learned trial Court, are ordered to be quashed.

The compromise deeds Annexure P­3, as well as, statements of the parties, recorded today shall form part of this order.

Pending applications, if any, also stand disposed of.