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2021 Supreme(HP) 791

CHANDER BHUSAN BAROWALIA
Suresh Kumar – Appellant
Versus
State of Himachal Pradesh Through Principal Secretary (Home) – Respondent


Advocate Appeared:
For the Petitioner:Mr. Vipan Rajta, Advocate
For the Respondent:Mr. Arvind Sharma, Mr. P.K. Bhatti, Mr. Bharat Bhushan, Addl. Advocates General And Mr. Manoj Bagga, Assistant Advocate General, Mr. L.S. Mehta, Advocate

ORDER :

The instant 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. 37 of 2016, dated 26.3.2016, under Sections 279, 337 of the Indian Penal Code (hereinafter to be called as “IPC”) and Sections 187 and 181 of the Motor Vehicles Act, registered at Police Station East (Chhota Shimla), District Shimla, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that on 26.3.2016, around 4:00 p.m, near Post Office, Shimla, petitioner drove a vehicle bearing registration No.HP-63- 8164/8163, in a rash and negligent manner so as to endanger human life and personal safety of others, hit against respondent No.4, as a result of which, respondent No.4, received simple injuries. Pursuant thereto, statement of respondent No.4 came to the Police Station for lodging FIR against the petitioner. Now, respondent No.4 entered into a compromise, on the basis of Compromise Deed (Annexure P-2), dated 17th September, 2021, stated tha

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