JUDGMENT :

INDU MALHOTRA, J.

1. The issue which has arisen for consideration in the present Criminal Appeals is whether the Gauhati High Court was justified in issuing directions that road traffic offences shall be dealt with only under the provisions of the Motor Vehicles Act, 1988 (“M.V. Act”), and in holding that in cases of road traffic or motor vehicle offences, prosecution under the provisions of Indian Penal Code, 1860 (“IPC”) is without sanction of law, and recourse to the provisions of the IPC would be unsustainable in law?

2. The Gauhati High Court, Agartala bench vide the impugned judgment dated 22.12.2008 held that:

i. Sections 183 and 184 of the M.V. Act, which relate to driving of motor vehicles at excessive speeds and dangerously, and other offences under Chapter XIII of the M.V. Act are compoundable before the Police, or in court, and that no further proceeding shall be taken against the accused after he has pleaded guilty. On this premise, it was held “that the provisions of Cr.P.C must succumb to the statutory provisions to the M.V.Act, and any investigation, inquiry or trial contrary to the same, would be illegal and unsustainable in law”. [Para 14 of the impugned ju