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AMIT MAHAJAN
Sh. Rahul Singh – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
ORDER
CRL.M.A. 24904/2022 (for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(CRL) 2859/2022
3. The present petition is filed for quashing of FIR 0257/2018 filed under Sections 279/337/304A Indian Penal Code (IPC), at Police Station Jahangir Puri. The FIR was registered on a complaint filed by one Rohtash Singh, who is arrayed as Respondent No. 2 in the present petition. The charge sheet has already been filed on 30.10.2018.
4. It is alleged that on the unfortunate night of 07.06.2018, Respondent No. 2 along with the deceased, Sanjeev Kumar, met with an accident. It is alleged that the accident was caused by the car driven by the petitioner. Sanjeev Kumar expired during the treatment and Respondent No. 2 sustained injuries.
5. The FIR was registered on a complaint given by Respondent No. 2.
6. It is submitted that the family of the deceased has been compensated for a sum of Rs.28,50,000/- by the National Lok Adalat in a case which was filed against the Insurance Company. The copy of the award has also been annexed with the petition as Annexure P/3.
7. It is submitted that on 17.11.2022, the matter has been settled w
The main legal point established in the judgment is the court's exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973, to quash criminal proceedings based on settlemen....
The court emphasized the need to secure the ends of justice and prevent abuse of the court's process while exercising the power under Section 482 CrPC.
The FIR under Section 304-A cannot be quashed based on compromise, given the serious nature of the offence and its societal implications.
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
The court can exercise its power to quash criminal proceedings based on a settlement between the parties, considering factors such as the nature of the offense and the public interest.
The court ruled that serious offences under IPC, such as Section 307, cannot be quashed based on compromise, emphasizing the distinction between quashing and compounding offences.
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