Sandeep Sharma, J. (Oral)

By way of present petition, prayer has been made by the petitioner-accused for quashing of FIR No. 153/2023 dated 30.8.2023, registered at Police Station Dehra, District Kangra, Himachal Pradesh, under Sections 279 & 337 of IPC and Section 181 of the Motor Vehicles Act, along with consequential proceedings pending in the competent court of law.

2. Precisely the case of the petitioner, as emerge from the pleadings is that the FIR sought to be quashed in the instant proceedings

came to be lodged at the behest of respondent No.2 (hereinafter, ‘complainant’), who alleged that on 30.8.2023, while he along with his mother was going from Nangla Mata Mandir to Dhaliara side in his Activa bearing registration No. HP19D2914, one Activa bearing registration No. PB09AM2112, which was going ahead of his Activa in high speed, attempted to overtake one car, but in the meantime, truck bearing registration No. HP949533 came from Dhaliara side and when driver of Activa No. PB09AM2112 attempted to cross, his Activa hit with one angle fixed on the rear side of the truck, as a result of which, occupants of the afore Activa fell on the road and suffered multiple injuries. Since complainant alleged that accident occurred on account of rash and negligent driving of the driver of Activa bearing registration No. PB09AM2112, case under Sections 279 & 337 of IPC and Section 181 of Motor Vehicles Act, came to be registered against him.

3. Before police could present the challan in the competent court of law after completion of investigation, petitioner and respondents No.2 and 3 have entered into compromise, whereby parties have resolved to settle the dispute inter se them amicably. In the aforesaid background, petitioner-accused has approached this court in the instant proceedings,

praying therein for quashing of FIR and consequential proceedings in the competent court of law.

4. Pursuant to notices issued in the instant proceedings, respondent-State has filed the status report under the signature of SHO PS Dehra, District Kangra, Himachal Pradesh, which is silent about the compromise.

5. Respondents No.2 and 3 have come present before this Court and are being represented by Mr. Gambhir Singh Chauhan, Advocate. Respondent No.2 on oath stated that he of his own volition and without there being any external pressure has come before this Court to make statement. He stated that since respondent No.3, who got injuries in the accident, has compromised the matter with the petitioner, he shall have no objection in case prayer made by him to quash the FIR as well as consequent proceedings is accepted.

6. Respondent No. 3/injured stated before this Court on oath that she of her own volition and without there being any external pressure has entered into compromise with the petitioner, whereby they have resolved to settle their dispute amicably. She stated that FIR is result of misunderstanding because accident did not occur on account of rash and negligent driving of the petitioner, who is otherwise her husband, rather on

account of error of judgment, she shall have no objection in case, FIR as well as consequent proceedings are quashed and set aside and petitioner accused is acquitted. While admitting contents of the compromise to be correct, they also admit their signatures on the same. Aforesaid statements are taken on record.

7. Having heard statement made on oath by respondents No. 2 & 3, Mr. Rajan