Quashed

Sunil Kumar v. State of Hp and Others

Himachal Pradesh HC4 Sept 2024CRMMO/814/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of FIR for rash and negligent driving based on compromise with complainant. Court held that since offences were not heinous or involving moral turpitude, and parties had settled disputes amicably, quashing was appropriate to prevent abuse of process. FIR and proceedings were quashed and accused acquitted.

What did the court decide?

FIR No. 57 of 2021 and consequential proceedings quashed; accused acquitted of charges.

Sunil Kumar Vs State of Hp and Others — Motor Accident Claims | Himachal Pradesh HC (2024)

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2024:HHC:7904

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No.814 of 2024 Date of Decision: 04.09.2024

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_______________________________________________________ Sunil Kumar

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…….Petitioner Versus State of H.P. & Ors. …..Respondents _______________________________________________________ Coram:

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Hon’ble Mr. Justice Sandeep Sharma, Judge.

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Whether approved for reporting?¹

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For the Petitioner: Mr. Vikas Rajput, Advocate. For the Respondents : Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondent No.1-State. Mr. Aman Hansretta, Advocate, for respondents No. 2 & 3.

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_______________________________________________________ Sandeep Sharma, Judge (oral):

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By way of instant petition filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, prayer has been made on behalf of petitioner for quashing of FIR No. 57 of 2021, dated 28.10.2021, under Sections 279, 337 & 338 of the Indian Penal Code and Section 187 of Motor Vehicles Act, registered at Police Station Chintpurni, District Una, H.P., as well as consequent proceedings, if any, pending adjudication in the competent court of law, on the basis of the

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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compromise arrived inter se parties, whereby they have resolved to settle the dispute amicably inter se them.

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Precisely, the facts of the case, as emerge from the record, are that FIR, sought to be quashed, in the instant proceedings came to be lodged at the behest of respondent No. 3 Mr. Raj Kumar (hereinafter to be referred to as ‘ complainant ’) , who alleged that on 28.10.2021 at about 02:05 p.m., while he was sitting in his shop at place called Kinnu Bazar, Lohara curve, he heard noise of collision and as such, ran towards the road. He alleged that on the spot he found that motorcycle bearing registration No. HP-19B-8395 parked on the road side was hit by the white colour Maruti Car, which after having collided with motorcycle, fled towards Mubarikpur side. Subsequently, it transpired that offending car was being driven by the petitioner. Since complainant specifically alleged that accident occurred on account of rash and negligent driving of the driver of the car, as detailed hereinabove, FIR, sought to be quashed, came to be instituted against him.

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Though, after completion of investigation, Police has already presented challan in the competent Court of law against the petitioner-accused, but before same could be taken to its logical end, parties have entered into compromise, whereby they have resolved to settle the dispute amicably inter se them and as such, petitioner-

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accused has approached this Court in the instant proceedings, for quashing of FIR as well as consequent proceedings, if any, pending adjudication in the competent court of law.

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Pursuant to order dated 27.08.2024, respondent-State has filed status report under the signatures of SHO, Police Station Chintpurni, District Una, H.P., which is silent about the compromise. Complainant as well as injured-respondent No. 2, who allegedly suffered injuries in the accident, have come present in Court and are being represented by Mr. Aman Hansretta, Advocate. They state on oath that they of their own volition and without any external pressure have entered into compromise with the petitioner-accused, whereby both the parties have resolved to settle the dispute amicably inter se them. They state that FIR sought to be quashed is a result of misunderstanding because on the date of alleged incident, accident did not occur due to rash and negligent driving by the petitioneraccused, rather same took place on account of error of judgment. They state that since injured-respondent No. 2 was taken good care by the petitioner, while he was under treatment and he has been adequately compensated qua the damage caused to his vehicle, they do not wish to prosecute the case further and shall have no objection in case, prayer made for quashing of FIR through instant petition is accepted and petitioner-accused is acquitted of charges framed

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against him. While admitting contents of compromise placed on record to be correct, they also admit their signatures thereupon. Their statements are taken on record.

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After having heard aforesaid statements made on oath by complainant and respondents No. 2, Mr. Rajan Kahol, learned Additional Advocate General, fairly states that no fruitful purpose would be served in case, FIR as well as consequent proceedings pending adjudication in the competent court of law are allowed to sustain. He further states that otherwise also chances of conviction of the petitioner-accused are very remote and bleak on account of statements made by complainant and respondents No. 2 on oath and as such, this Court may proceed to pass appropriate orders.

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The question, which now needs consideration is whether FIR in question can be ordered to be quashed when Hon'ble Apex Court in Narinder Singh and others versus State of Punjab and another (2014) 6 SCC 466 has specifically held that power under Section 482 Cr.P.C (hereinafter to be referred to as the “ Code ”) is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc., as such offences are not private in nature and have a serious impact on society?

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At this stage, it would be relevant to take note of the judgment passed by Hon'ble Apex Court in Narinder Singh (supra), whereby the Hon’ble Apex Court has formulated guidelines for accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings. Perusal of judgment, referred above, clearly depicts that in para 29.1, Hon’ble Apex Court has returned the findings that power conferred under Section 482 Cr.P.C is to be distinguished from the power which lies in the Court to compound the offences under Section 320 Cr.P.C. No doubt, under Section 482 Cr.P.C, the High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable and where the parties have settled the matter between themselves, however, this power is to be exercised sparingly and with great caution. In para Nos. 29 to 29.7 of the judgment Hon'ble Apex Court has laid down certain parameters to be followed, while compounding offences.

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Careful perusal of para 29.3 of the judgment suggests that such a power is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Apart from this, offences committed under special statute like the Prevention of Corruption Act or the

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offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly arising out of commercial transactions or arising out of matrimonial relationship or family disputes may be quashed when the parties have resolved their entire disputes among themselves. Aforesaid view taken by Hon'ble Apex Court has been further reiterated in Gian Singh v. State of Punjab and anr. (2012) 10 SCC 303.

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The Hon’ble Apex Court in case Gian Singh supra has held that power of the High Court in quashing of the criminal proceedings or FIR or complaint in exercise of its inherent power is distinct and different from the power of a Criminal Court to compound the offences under Section 320 Cr.P.C. Even in the judgment passed in Narinder Singh’s case, the Hon’ble Apex Court has held that while exercising inherent power of quashment under Section 482 Cr.P.C the Court must have due regard to the nature and gravity of the crime and its social impact and it cautioned the Courts not to exercise the power for quashing proceedings in heinous and serious offences of mental depravity, murder, rape, dacoity etc. However subsequently, the Hon’ble Apex Court in Dimpey Gujral and Ors . vs. Union Territory through Administrator, UT, Chandigarh and Ors . (2013) 11 SCC

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497 has further reiterated that continuation of criminal proceedings would tantamount to abuse of process of law because the alleged offences are not heinous offences showing extreme depravity nor are they against the society. Hon'ble Apex Court further observed that when offences are of a personal nature, burying them would bring about peace and amity between the two sides.

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Hon’ble Apex Court in its judgment dated 4th October, 2017, titled as Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and Another , passed in Criminal Appeal No.1723 of 2017 arising out of SLP(Crl) No.9549 of 2016, reiterated the principles/ parameters laid down in Narinder Singh’s case supra for accepting the settlement and quashing the proceedings.

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In the case at hand also, offences alleged to have been committed by the petitioner-accused do not involve offences of moral turpitude or any grave/heinous crime, rather same are petty offences, and as such, this Court deems it appropriate to quash the FIR as well as consequential proceedings thereto, especially keeping in view the fact that the petitioner-accused, complainant and respondents No. 2 have compromised the matter inter se them, in which case, possibility of conviction is remote and no fruitful purpose would be served in continuing with the criminal proceedings.

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Consequently, in view of the aforesaid discussion as well

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as law laid down by the Hon’ble Apex Court (supra), FIR No. 57 of 2021, dated 28.10.2021, under Sections 279, 337 & 338 of the Indian Penal Code and Section 187 of Motor Vehicles Act, registered at Police Station Chintpurni, District Una, H.P., as well as consequent proceedings, if any, pending adjudication in the competent court of law are quashed and set aside. Accused is acquitted of the charges framed against him.

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The petition stands disposed of in the aforesaid terms, alongwith all pending applications.

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(Sandeep Sharma), Judge

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September 04, 2024 (sunil)

Sunil Kumar v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Sunil Kumar v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

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