Point of Law: While exercising power under Section 482 Cr.P.C can also be swayed by the fact that settlement between the parties is going to result in harmony between them which may improve their future relationship.

ORDER :

By way of instant petition, prayer has been made on behalf of the petitioner for quashing of FIR No. 0131 of 2019, dated 13.4.2019, under Sections 279, 337 & 338 of IPC and Sections 181, 187 and 196 of MV Act, registered with Police Station Sadar Una, District Una, H.P., as well as consequent proceedings, if any, pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties.

2. Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of the respondents No.4-complainant (herein after referred to as “the complainant”), who alleged that on 13.4.2019, he along with his wife respondent No.5 namely Shukla Sharma, had gone to Lal Singi on Scooter bearing registration No.HP20F 0720. He alleged that he after having parked his scooter in the road side at Lal Singi, went towards Swan Khad alongwith his wife, but while they came back and were standing near the scooter at 5:40pm, one scooty bearing registration No.HP20-0320 being driven by the petitioner came in high speed and hit them, as a consequence of which, both the complainant and his wife suffered injuries. In view of the aforesaid, FIR sought to be quashed in the instant case came to be lodged against the petitioner. Though, after completion of investigation, police presented challan in the competent court of law, but before same could be taken to its logical end, parties to the lis have resolved to settle their dispute amicably inter-se them by way of compromise placed on record.

3. Vide order dated 13.5.2022, this Court while directing the respondents-State to verify the factum with regard to compromise placed on recorded deemed it necessary to cause presence of the parties, especially respondent No.4 and 5, but since application bearing Cr.MP No. 1061 of 2022 came to be filed by the petitioner for getting their statements recorded before the learned trial Magistrate, Una, this Court directed the parties to remain present before the court below on 30.5.2022 for getting their statements recorded with regard to compromise if any arrived between parties. Pursuant to aforesaid direction issued by this Court, parties made themselves available before the court below on 30.5.2022, to get their statements recoded as is evident from communication dated 28.6.2022, received under the signature of CJM, Una. Aforesaid communication alongwith the statements is taken on record.

4. Perusal of statements made by respondents No. 4 and 5 before the learned Magistrate clearly reveals that petitioner has entered into compromise with respondents No.4 and 5, whereby they have resolved to settle their dispute amicably inter-se them. It has been categorically stated by respondents No. 4 and 5 before the learned Magistrate on oath that they with the intervention of the respectable members of the society have decided to settle the matter with the petitioner and have no objection in case, prayer made by the petitioner for quashing of FIR as well as consequent proceedings pending in the competent court of law is accepted.

5. Mr. Narender Guleria, learned Deputy Advocate General, having perused the aforesaid statements made by the respondents No.4 and 5 states that in view of the amicable settlement arrived inter-se parties, no fruitful purpose would be served in case FIR sought to be quashed as well as consequent proceedings pending before the court below are allowed to sustain. He further states that otherwise also, chances of conviction of the petitioner in view of the aforesaid statement made on oath by the respondent-complainant are very remote and bleak and as such, prayer made in the instant petition may be accepted.

6. Since the petition has been filed under Section 482 Cr.PC, this Court deems it fit to consider the present petition in the light of the judgment passed by Hon’ble Apex Court in Narinder Singh and others versus State of Punjab a