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2018 Supreme(HP) 484

CHANDER BHUSAN BAROWALIA
Anchal Sankhyan – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioners:Mr. Ajay Sharma, Advocate
For the Respondents:Mr. Ashwani Sharma and Mr. P.K. Bhatti, Additional Advocate Generals with Mr. Rajat Chauhan, Law Officer

JUDGMENT :

Chander Bhusan Barowalia, J.

The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No. 22, dated 05.02.2017, under Sections 279, 337 & 338 of the Indian Penal code, registered at Police Station, Bhoranj, District Hamirpur, H.P., along with all consequential proceedings pending before the learned Additional Chief Judicial Magistrate, Hamirpur, H.P., in case No. 24-II/2017 against petitioner No. 1, which is fixed for 03.08.2018.

2. Briefly stating the facts, giving rise to the present petition are that on 05.02.2017, petitioner No. 2/complainant (hereinafter to be called as “the complainant”) along with her husband and ten years daughter was going to Bassi Market in a motorcycle, at about 05.30 p.m. when they reached near Bhakreri, a motorcycle coming from Bassi side in a high speed, hit them, due to which they sustained injuries. As per the complainant, the offending motorcycle was being driven by petitioner No. 1 in rash and negligent manner. Accordingly, FIR, under Sections 279, 337 & 338 was registered against petitioner No. 1. However, now the parties have en
























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