The High Court dismissed a petition seeking quashing of an FIR for rash and negligent driving held despite a settlement. The court relied on witness statements and Supreme Court precedents to rule that such offences must be taken sternly.
The petition for quashing the FIR was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Represented by: Mr.Rajesh Mahajan, ASC for the State with Ms.Jyoti Babbar, Advocate and SI Ompal Singh, PS Khajuri Khas, Delhi
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
eye witness. In her statement recorded under Section 161 Cr.P.C. Neeta Rani stated that she was coming along with her father-in-law from shopping and while coming back, her father-in-law was a few steps ahead of her. Suddenly the accused on his motor cycle No.DL 13 SJ 1340 came from opposite direction driving at a high speed and in a rash and negligent manner hit her father-in-law whose head then hit the pavement resulting in the injury. She immediately took him to the hospital where he died. In view of this statement of Neeta Rani, the claim of the petitioner that there is no material on record to substantiate the allegations of the prosecution case deserves to be rejected.
MUKTA GUPTA, J.
SEPTEMBER 19, 2018 mamta
page 2 of 2
W.P.(CRL) 3181/2017
2 issues framed by the court
Whether the petition for quashing of FIR under Sections 279/304A IPC based on settlement deserves acceptance.
Whether sufficiency of evidence regarding rash and negligent driving can be challenged via a quashing petition under the compounding exception.
Colour shows how this judgement treated each authority
Dalbir Singh vs.State of HaryanaReferred¶11
AIR 2000 SC 1677 Dalbir Singh vs.State of Haryana · Who else cites this
State of Punjab vs. Balwinder SinghReferred¶11
AIR 2012 SC 861 State of Punjab vs. Balwinder Singh · Who else cites this
Mohd Bin Abdullah
The State Govt of NCT of Delhi
Mukta Gupta
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
