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CHANDER BHUSAN BAROWALIA
Javed Ali – Appellant
Versus
State of Himachal Pradesh – Respondent
ORDER
Chander Bhusan Barowalia, J.—The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No.51/2022 dated 23.3.2022, under Sections 279 and 337 of the Indian Penal Code, registered at Police Station Majra, District Sirmour, H.P; alongwith all consequential proceedings arising out of the said F.I.R., pending before the learned trial Court.
2. Briefly stated the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2/complainant made a written complaint to the police alleging therein that on 23.2.2022 around 12:45 p.m. petitioner drove motorcycle bearing registration No.HP-17F-5386 in a rash and negligent manner so as to endanger human life and personal safety of others, struck against a school going child, as a result of which, the child received simple injuries. On the basis of the aforesaid information given by the complainant, the instant FIR came to be lodged. Now, the parties have entered into a compromise, vide Compromise deed (Annexure P-2) stating therein that the complainant does not want to pursue the case against t
Compounding of offence – High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of Cr.P.C. does not limit or affect powers under Section 482 ....
Point of Law : High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceedin....
Point of Law : While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any co....
Point of Law : High Court would be justified in declining to quash where offender is involved in an activity akin to a financial or economic fraud or misdemeanor.
The inherent powers of the High Court under Section 482 can be used to quash criminal proceedings in appropriate cases to meet the ends of justice, especially when the parties have settled the disput....
Quash of Criminal proceedings – Compromise between parties – No purpose of continuing the criminal proceedings hence quashed.
Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
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