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2019 Supreme(HP) 401

CHANDER BHUSAN BAROWALIA
Harman Kaur – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant :Mr. Naresh Kaul, Advocate
For the Respondent:Mr. S.C. Sharma, Mr. Shiv Pal Manhans and Mr. P.K. Bhatti, Additional Advocate Generals with Mr. Raju Ram Rahi, Deputy Advocate Genera

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. 28/2018, dated 19.3.2018, under Sections 279 and 337 of the Indian Penal Code, registered at Police Station, Dharampur, District Solan, H.P.

2. Briefly stating the facts, giving rise to the present petition are that on 19.3.2018, at about 1:45 p.m, petitioner driving a vehicle bearing registration No.PB-65AK-0005 (Toyata Fortuner) and when reached at Bypass road Kumarhatti near Mahindra Show Room, in a very high speed, struck against the vehicle Mahindra XUV-500, due to which, respondent No.2 received simple injuries. The vehicle in question was being driven by the petitioner in a rash and negligent manner so as to endanger human life and personal safety of others. On the basis of which, respondent No.2 reported the matter to the police and FIR was lodged. Now, the parties have entered into a compromise, vide Compromise Deed, dated 01.11.2018, Annexure C-2/A, and do not want to pursue the case against each other. Hence, the present petition.

3. Learned counsel for the petitione

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