1. Heard both sides.

2. By consent of the parties taken up for final hearing at the stage of admission.

3. The present application is filed under Section 482 of the Criminal Procedure Code, 1973, invoking inherent powers of this Court in the matter of criminal justice, for quashing of the F.I.R. being C.R. No. 107 of 2010 registered by the Kherwadi Police Station, of offences u/s 279, 338 read with 134 (a), (b) of the Motor Vehicles Act against the applicant, on a complaint of one Mr. Nitin Satish Kale.

4. The applicant is a student aged 23 years, having valid driving licence and it is alleged that while he was driving a motor vehicle (Mahindra Scorpio), it gave a dash to the complainant on a road and thereby caused some minor injuries to his leg and shoulder. The matter was therefore, reported to Kherwadi Police station, which was subsequently inquired and investigated. Concerned Investigating Officer of the Kherwadi Police station is present. He informed that investigation is complete and charge sheet is ready for filing.

5. It is admitted that the offences, as per the investigation and the chargesheet, are stated to be mainly u/s 279 and 338 of I.P.C. Learned counsel for the applicant-accused relied on the affidavit filed in his favour along with this application for compounding of the offences registered against the applicant as mentioned above. Learned counsel for the complainant also agreed for compounding of the offence when asked. However, it has been stated that such compounding is not possible at this stage because the chargesheet is yet to be filed and one of the offences being u/s 279 of I.P.C., is non-compoundable in law although it is punishable up to six months imprisonment only, besides it is bailable and triable by the magistrate. Another major offence u/s 338 of IPC is no doubt compoundable, bailable and triable by any magistrate and punishable upto two years imprisonment. It can be compounded by the complainant who is injured (victim) with the permission of the Court. Therefore, there is an apprehension in the mind of both, the applicant/accused and complainant, that even by approaching the trial Court, they may not be allowed compounding the entire proceeding because of inclusion of section 279 I.P.C which is stated to be non-compoundable.

6. Relevant Sections 279 and Section 338 of I.P.C. read thus:

“279. Rash driving or riding on a public way.- whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both:

Classification of Offence : The offence under this section is cognizable, bailable, non compoundable and triable by any magistrate.

338. Causing grievous hurt by act endangering life of personal safety or others._ Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both:

Classification of Offence.- The offence under this section is cognizable, bailable, compoundable with permission of the court before which any prosecution of such offence is pending and triable by any magistrate.

7. After minute reading of both these sections, it is seen that the alleged act of rash and negligent driving, endangering human life, is required to be proved as necessary ingredient to constitute offence u/s 279 I.P.C. and by allegedly doing any act rashly or negligently as to endangering the human life are also the same ingredients to constitute the offence u/s 338 I.P.C. Therefore, such ingredients which are common, cannot be separately dealt with. The requirement of offence u/s