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SUDHIR KUMAR JAIN
Sunil Sharma – Appellant
Versus
State – Respondent
JUDGMENT (Oral)
1. The present petition is filed under section 482 Cr.P.C. for quashing of FIR bearing no. 0067/2019 registered under sections 287/304A IPC at P.S. Mundka along with consequential judicial proceedings.
2. Issue notice.
3. Mr. Utkarsh, Additional Public Prosecutor assisted by the Investigating Officer SI Karanveer, P.S. Mundka, accepts notice on behalf of the State/respondent no. 1. The respondents no. 2 and 3, who are stated to be the legal heirs of Ramesh Chander Jha i.e. the deceased being his wife and son are present in person and accept notice.
4. The petitioner is the proprietor of M/s Ganpati Packers and was running business of manufacturing of corrugated packing boxes under proprietorship. Ramesh Chandra Jha, one of the employee of the petitioner has fallen from the lift on 13.02.2019 and consequently died. Accordingly the present FIR was got registered.
5. As per the FIR, GD no.032A dated 13.02.2019 was recorded on the basis of PCR call, which was handed over to ASI Phool Kunwar Kumar for further action. ASI Phool Kunwar Kumar along with Ct. Sonu also on receipt of DD no.16A reached at the spot i.e Ordent Ganpati Hospital, Swarn Park Nangloi, Delhi and from where
The court's decision emphasized the exercise of inherent powers under section 482 Cr.P.C. to prevent abuse of the court process and secure the ends of justice, particularly in cases involving settlem....
The High Court can quash FIRs for non-compoundable offences under Section 482 of the CrPC if a settlement is reached and gross negligence is not established, serving the ends of justice.
The court can exercise inherent jurisdiction to quash criminal proceedings when parties have settled the dispute and the continuation of the proceedings would cause oppression and prejudice.
The High Court may exercise its inherent power under Section 528 BNSS (or S. 482 CrPC) to quash criminal proceedings for non-compoundable offences like IPC 304A where the parties have settled, provid....
The discretionary nature of the inherent power under Section 482 Cr.P.C. and the need for a full trial to determine negligence before quashing an FIR.
The court may quash an FIR if an amicable settlement has been reached between the parties and the continuance of the FIR would serve no useful purpose and may cause prejudice to the petitioner.
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