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2022 Supreme(HP) 23

CHANDER BHUSAN BAROWALIA
Sankalp Awasti, Son of Sh. Subhash – Appellant
Versus
State of Himachal Pradesh Through Principal Secretary (Home) – Respondent


Advocate Appeared:
For the Petitioner:Mr. B.R. Sharma, Advocate
For the Respondent:Mr. Shiv Pal Manhans, Additional Advocate General With Mr. Bhupinder Thakur, Deputy Advocate General, Mr. Satish Kumar And Mr. Inder Jeet, Advocates

ORDER :

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.297 of 2018 dated 11.10.2018, under Sections 279, 337 and 338 of the Indian Penal Code and Section 181 of the Motor Vehicles Act, registered at Police Station West, Shimla, H.P. alongwith all consequential 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 respondent No.2 made a written complaint to the police alleging therein that on 11.10.2018 around 12:20 p.m, petitioner drove vehicle bearing registration No.HP- 11-7377, in a rash and negligent manner so as to endanger human life and personal safety of others and struck against him, as a result of which, respondent No.2-complainant, received simple injuries. Upon the statement of respondent No.2 an FIR was lodged against the petitioner. Now, the parties have entered into a compromise, vide Compromise Deed (Annexure P-1) stating therein that the complainant does not want to pursue the case against the petitioner. Hence,

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