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2019 DIGILAW 185 (HP)

Rajiv Kumar v. State of Himachal Pradesh

2019-02-21

AJAY MOHAN GOEL

body2019
JUDGMENT : Ajay Mohan Goel, J. By way of this petition filed under Section 482 of the Code of Criminal Procedure, a prayer has been made jointly by the petitioners, which includes the accused, complainant as also the injured for quashing of FIR No. 5/2019, dated 01.01.2019, registered under Sections 279 & 337 of the Indian Penal Code at Police Station Jawalamukhi, District Kangra, H.P. 2. Brief facts necessary for the adjudication of the petition are that a Motorcycle allegedly being driven by petitioner No. 1/accused Rajiv Kumar hit petitioner No. 3/injured, resulting into certain injuries, which led to the registration of the present FIR, referred to above. It is common case of the parties that the matter stands amicably settled between the accused and the injured as also the complainant, i.e., petitioner No. 2 and the complainant as also the injured do not therefore intend to further proceed with the FIR which stands registered on the basis of the complainant so made by petitioner No. 2. The original compromise deed entered into between the petitioners dated 15.02.2019 is appended with the petition as Annexure P-3. Statements of the complainant as also the injured have been separately recorded, in which, they have admitted the execution of Razinama (Annexure P-3) as also contents thereof. 3. Having heard learned counsel for the parties and having perused the contents of the FIR as also the compromise entered into between the parties, in my considered view, it will be in the interest of justice in case this petition is allowed, as prayed for and the FIR in issue is quashed and set aside, in view of the matter having been amicably settled between the parties. This is more so for the reason that when the complainant as also the injured have amicably settled the matter with the accused, there is no possibility of conviction. 4. Learned Additional Advocate General also in the peculiar facts and circumstances of the case submits that it will be in the interest of justice in case this petition is allowed and the FIR in question is ordered to be quashed and set aside, in view of the matter having been amicably settled between the parties. 5. 4. Learned Additional Advocate General also in the peculiar facts and circumstances of the case submits that it will be in the interest of justice in case this petition is allowed and the FIR in question is ordered to be quashed and set aside, in view of the matter having been amicably settled between the parties. 5. Accordingly, taking into consideration the fact that the issue which led to the registration of FIR (supra) stands amicably settled between the parties, this petition is allowed, as prayed for and FIR No. 5/2019, dated 01.01.2019, registered under Sections 279 & 337 of the Indian Penal Code at Police Station Jawalamukhi, District Kangra, H.P. is ordered to be quashed and set aside. The petition stands disposed of accordingly.