The High Court dismissed a Criminal Leave to Appeal under Section 482 CrPC seeking quashing of proceedings for an offence under Section 304 IPC. The court held that despite settlement by the parties, the offence being non-compoundable, the proceedings could not be quashed.
Criminal Appeal dismissed; interim order vacated.
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CRLMC No.1383 of 2009
12. 24.07.2017 Heard learned counsel for the petitioner and l
earned counsel for the opposite party no.2.
The petitioner has filed this CRLMC under Section 482 of the Cr.P.C. t
o quash the order dated 14.08.2008 passed in G.R. Case No.121 of 2008 by the learned S.D.J.M.,
Dharmagarh taking cognizance of the offence punishable under Section 304A of the I.P.C.
It is submitted by the learned counsel for the petitioner that since t
he dispute has been settled between the parties, the aforesaid proceeding initiated against th
e petitioner be quashed.
Though the victim, who happens to be the wife of the informant, has fi
led affidavit stating therein that the matter has been settled between the petitioner and her
husband-informant and she does not want to proceed in this case, but the offence alleged in th
is case is non-compoundable in nature. In such view of the matter, this Court is not inclined
to quash the aforesaid proceeding on the ground stated.
Accordingly, this CRLMC being devoid of merit stands dismissed. Interim order passed earlier stands vacated. Order be communicated to the court below forthwith.BJ
2
1 issue framed by the court
Whether the proceedings for an offence under Section 304 IPC should be quashed upon settlement of the dispute.
2 provisions across 2 enactments
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court