Anu Gupta, W/o Sh. Sachin Gupta v. State Of H. P. Through Secretary (Home) To The Govt. Of Himachal Pradesh
2022-09-01
CHANDER BHUSAN BAROWALIA
body2022
DigiLaw.ai
ORDER : The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”), has been maintained by the petitioner for quashing of F.I.R No. 250 of 2019, dated 16.10.2019, under Section 279 of the Indian Penal Code (hereinafter to be called as “IPC”), registered at Police Station Sadar, District Bilaspur, H.P., alongwith all consequential proceedings arising out of the aforesaid FIR, pending before the learned trial Court. 2. Briefly stated the facts, giving rise to the present petition are that on 18.10.2019, the petitioner and her husband were going from main market Bilaspur to H.P. Housing Board Colony, Bilaspur in their vehicle, bearing registration No. HP24C7080, to check construction work of their house. Around 6:00 p.m., when they reached near Balaji Hotel, an Auto, being driven by respondent No. 4, came from upside. Since the road was narrow, drivers of both the vehicles could not control their vehicles and they collided with each other from one side. Consequently, FIR No. 250 of 2019, dated 16.10.2019, under Section 279 IPC, came to be registered against the petitioner, as well as respondent No. 4. 3. In reply to the petition, filed by the respondents-State, it has been averred that the accident has occurred due to negligence of both, the petitioner, as well as respondent No. 4 and as per the spot map and statements of the witnesses, strong prima facie case is made out against the petitioner, as well as respondent No. 4. Lastly, dismissal of the petition is prayed. 4. I have heard the learned counsel for the petitioner and gone through the records in detail. 5. The learned counsel for the petitioner has argued that the petitioner is innocent and there is no fault of the petitioner in the commission of alleged offence, as she was driving her vehicle diligently. He has further argued that since there is no material whatsoever against the petitioner to proceed with the FIR, the same deserves to be quashed. 6. On the other hand, learned Additional Advocate General has argued that there is prima facie case against the petitioner, as well as respondent No. 4, as they were negligent in driving their vehicles. So, the present petition deserves dismissal. 7.
6. On the other hand, learned Additional Advocate General has argued that there is prima facie case against the petitioner, as well as respondent No. 4, as they were negligent in driving their vehicles. So, the present petition deserves dismissal. 7. Learned counsel for respondent No. 4 has argued that it is only the petitioner who was rash and negligent in driving the vehicle and respondent No. 4 was driving the vehicle with due care and caution. He has further argued that no case is made out against respondent No. 4 and the allegations against him are totally false and it is only the petitioner who is required to be tried. 8. After carefully examining the records, prima facie this Court finds that both, the petitioner, as well as respondent No. 4 were driving their vehicles diligently and with due caution; and the accident, as alleged, has not caused on account of their negligent driving, but even as per the statements of the witnesses under Section 161 Cr. PC, the accident at the most can be a result of miscalculation, thus, the same cannot be termed as rash and negligent driving and putting the life of others in danger while driving the vehicle. Even if the trial is allowed to be continued, no fruitful purpose would be served, as ultimately there are bleak chances of conviction to be arrived at. The interest of the State is to make the people live in peace and to minimize the litigation. So, taking all these facts into consideration and also the fact that no prima facie case is made out against the petitioner, as well as respondent No. 4, the present petition is allowed and FIR No. 250 of 2019, dated 16.10.2019, under Section 279 IPC, registered at Police Station Sadar, District Bilaspur, H.P., alongwith all consequential proceedings arising out of the aforesaid FIR, pending before the learned trial Court is quashed and set aside. 9. The petition, so also pending applications, if any, stands disposed of.