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Judgment
Satyen Vaidya, J
By way of instant petition, a prayer has been made for quashing of FIR No. 98 of 2018, dated 22.04.2018, registered at Police Station West Boileauganj, Shimla, H.P., under Section 279 of the Indian Penal Code and Sections 187, 185 and 181 of the Motor Vehicle Act, 1954 and consequent criminal proceedings arising therefrom.
It is averred in the petition that parties have entered into a compromise on 28.03.2022 and thereafter complainant-respondent No. 2 does not intend to further prosecute the petitioner.
On 24.04.2018, at about 11:30 pm, respondent No. 2 was proceeding towards his home near Summer hill, Shimla in his personal car. As per allegations made in the FIR, another vehicle came from opposite side being driven rashly and negligently by petitioner and had hit the vehicle of respondent No. 2-complainant.
Complainant-respondent No. 2 is present in the Court today and has stated, on oath, that though, the FIR was registered at his instance, however, he was not sure as to who was driving the vehicle at the time of accident. It was dark around and identification of accused could not be correctly made by me. He realized this thing later. It is further submitted that now the parties have entered into a compromise, Annexure P-2 and have undertaken to live in peace after settling all their past disputes.
Petitioner, who is also present in the Court today has endorsed the statement made by respondent No. 2, to be correct. He has undertaken to abide by the terms of the compromise, Annexure P-2.
The nature of dispute in the instant case reveals that it is more or less private in nature. Its decision either way is not going to harm the interest of society at large.
In exercise of jurisdiction under Section 482 of Cr. P.C., it is permissible for this Court to quash criminal proceedings, subject, however, to the condition that the offence(s) involved therein are not in the category of heinous crimes. In this case, the petitioner is accused of commission of offence under Section
279 of the Indian Penal Code and Sections 187, 185, and 181 of the Motor Vehicle Act, 1954, which do not fall within the excepted category, therefore, there appears to be no legal impediment in grant of prayer made in the petition.
In my considered view, in case, parties are allowed to live in peace in future, it will further the cause of civilized society and no serious prejudice shall be caused to any third party.
In light of above discussion, the instant petition is allowed.FIR No. 98 of 2018, dated 22.04.2018, registered at Police Station West Boileauganj, Shimla, H.P., under Section 279 of the Indian Penal Code and Sections 187, 185, and 181 of the M.V Act, 1954 and consequent criminal proceedings arising therefrom, are ordered to be quashed.
Pending miscellaneous application(s), if any, shall also stand disposed of.