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2022 Supreme(HP) 269

CHANDER BHUSAN BAROWALIA
Shamir Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioner:Mr. Vijender Katoch, Advocate
For the Respondent:Mr. Shiv Pal Manhans, Addl. Advocate General, Mr. Bhupinder Thakur And Mr. Yudhbir Singh, Thakur, Dy. Advocates General, Mr. Mohan Singh, Advocate

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.76 of 2020 dated 22.4.2020 under Sections 279, 337 and 338 of the Indian Penal Code registered at Police Station Dharamshala, along with 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 22.4.2020 around 7:30 a.m., petitioner drove a vehicle bearing registration No.HR01T-7314 (HONDA) in a rash and negligent manner so as to endanger human life and personal safety of others, struck against respondent No.2, as a result of which, respondent No.2 sustained injuries. 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 Compromise deed (Annexure P-2) stating therein that Sanjay Kumar-respondent No.2 does not want to pursue the case against the petitioner. Hence, the present petition.

3. Learned counsel for the petitioner has argued that as the parties have

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