Karmanya Kumar vs State Of H.P And Another

Virender Singh, J

Petitioner-Karmanya Kumar, who is a juvenile, has filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the ‘Cr.P.C.’) through his father Sh. Sanjeev Kumar, with a prayer to quash FIR No. 155 of 2023, dated 11.06.2023, under Sections 279 and 304-A of the Indian Penal Code (hereinafter referred to as the ‘IPC’), registered with Police Station, Haroli, District Una, H.P., as well as, proceedings resultant thereto, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Una, District Una, H.P. (hereinafter referred to as the ‘learned trial Court), in case titled as State of H.P vs. Karmanya Kumar.

The relief, in this case, has been sought on the ground that during the pendency of the matter, before the learned trial Court, with the intervention of the respecables of the society, the matter has been compromised and the terms and conditions of the compromise have been reduced into writing. Copy of the compromise deed has been placed on record Annexure P-2.

According to the stand taken in the petition, the compromise has been effected between the parties, in view of the fact that both the parties are residents of the same area and they want to live peacefully and want to maintain future cordial relations.

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

When put to notice, respondent No.1 has filed the status report, disclosing therein, about the manner, in which, the FIR in question has been registered against the petitioner and the manner, in which, the inquiry has been conducted.

Respondent No.2, who at one point of time, has leveled the allegations of rash and negligent driving against the petitioner, today appeared and stated that the matter has been compromised with the petitioner and also reiterated the contents of compromise, Annexure P-2. Lastly, he has stated that he has no objection, if the petition is allowed.

Similar type of statement has been made by the father of the petitioner, as well as, the petitioner.

Considering the fact that the matter has been compromised between the parties, then, permitting to continue with the proceedings before the learned trial Court, is nothing, but, abuse of process of law. When, the complainant has compromised the matter with the sole object to live peacefully in the society, then, acceptance of the petition will also save precious judicial time of learned trial Court and the said time could be devoted by the said Court for the decision of some other serious matters.

Considering all these facts, the petition is allowed. FIR No. 155 of 2023, dated 11.06.2023, under Sections 279 and 304-A of IPC, registered with Police Station, Haroli, District Una, H.P., as well as, proceedings resultant thereto, pending in the learned trial Court, in case titled as State of H.P vs. Karmanya Kumar, are ordered to be quashed.

The compromise deed, as well as, statement of the parties, recorded today in the Court shall form part of this order.

Pending applications, if any, also stand disposed of.