CHANDER BHUSAN BAROWALIA
Roop Chand S/o Sh. Barfu – Appellant
Versus
State Of Himachal Pradesh – Respondent
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.51 of 2021 dated 10.5.2021 under Sections 279, 337 and 338 of the Indian Penal Code registered at Police Station Padhar, District Mandi, alongwith all consequential proceedings arising out of the said F.I.R., pending before the learned trial Court.
2. Briefly stated the facts, giving rise to the present petition, as per the prosecution story, are that on 10.5.2021 around 2:00 p.m. at place Balaundi near Balh petitioner drove a vehicle bearing registration No.HP76-4336 in a rash and negligent manner so as to endanger human life and personal safety of others, went out of control from the sharp curve and fell down 300 meter into Balaundi nala. On the basis of the aforesaid information given by the complainant, the instant FIR came to be lodged. Now, the parties have entered into a compromise, vide Memorandum of Understanding (Annexure P-2) stating therein that respondents No.4 and 5 do not want to pursue the case against the petitioner. Hence, the present petition.
3. Learned counsel for the petitioner has argue
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Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another
Pepsi Food Ltd. and another v. Special Judicial Magistrate and others ((1998) 5 SCC 749)
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