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Judgment
Jyotsna Rewal Dua, J
The petitioner seeks quashing of FIR No.337/2022, dated 11.09.2022, registered under Sections 279 and 337 of the Indian Penal Code (IPC) at Police Station Sadar, District Kullu.
As per the FIR, on 08.09.2022, respondent No.2 was hit by a vehicle being driven by the petitioner. On the basis of his complaint, the FIR was registered on 11.09.2022.
Alongwith the petition, a compromise deed executed between the private parties on 15.02.2023 has been placed on record at Annexure P-2. In terms of this compromise, the petitioner and respondent No.2 (complainant) have resolved their disputes with each other. The compromise deed records that the complainant, in view of the amicable settlement of the dispute with the accused (petitioner), is not interested in pursuing the instant FIR any further and has no objection in case the FIR and consequential criminal proceedings are culminated.
The parties, i.e. petitioner and respondent No.2 (complainant) have attended today’s hearing. They were duly identified by their learned counsel. In their separate statements recorded today, the complainant as well as accused have stood by the averments made in the compromise deed dated 15.02.2023 (Annexure P-2). It has been further submitted by the private parties that they are both serving in Indo-Tibetan Border Police (ITBP), 2nd Battalion Babeli, District Kullu and in order to maintain cordial relations, they have compromised the matter with the intervention of common friends. The complainant has specifically stated that he does not want to pursue the matter any further.
The FIR in question has been registered under Sections 279 and 337 IPC. The offences involved in the FIR do not fall in the prohibited category in terms of the legal position settled by the Hon’ble Apex Court in various pronouncements. Learned Additional Advocate General submits that respondent No.1 has no objection to quashing of FIR and consequent criminal proceedings.
Since the parties have amicably settled the matter amongst themselves, therefore, no purpose will be served by keeping the litigation alive. Continuation of the FIR and consequential criminal proceedings would not advance the cause of justice when the complainant is not interested in pursuing the matter any further. The chances of conviction of the petitioner would be very very remote. Hence, interest of justice requires that the FIR and consequential criminal proceedings be quashed. Consequently, the present petition is allowed. FIR No.337/2022, dated 11.09.2022, registered under Sections 279 and 337 IPC at Police Station Sadar, District Kullu, H.P. alongwith consequential proceedings are quashed and set aside.
The petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.