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.

JUDGMENT :

Heard Mr. S. Ahmed, learned Counsel for the petitioner and Mr. P.S. Lahkar, learned Addl.Public prosecutor for the State respondent No.1. Also heard Ms. M. Khatun, learned counsel for the respondent No.2.

2. The present petition under Section 482 CrPC is filed for quashing of impugned FIR as well as charge sheet under Section 279 /304-A of the IPC pending in the Court of learned Judicial Magistrate First Class, Kamrup at Boko.

3. The allegation in the instant case is that the informant/respondent No. 2 had lodged an FIR at Boko Police Station alleging inter-alia that on 26.03.2022 at about 2.30 pm, while the husband of the informant/respondent No.2 was proceeding towards Pub- Turukpara on foot, at that time, the vehicle bearing Registration No. AS-15-A-7281 coming in a rash and negligent manner, knocked down the husband of the informant/respondent No.2 and as a result of which, the husband of the informant/respondent No.2 died on the same day. Accordingly, a case was registered vide Boko PS Case No. 148/2022 under section 279/304 A IPC.

4. Learned counsel for the petitioner has submitted that the petitioner had also sustained grievous injuries due to the alleged accident. The matter has been settled between the petitioner and respondent No. 2 with the intervention of members of their respective families. Pursuant to the said settlement, the respondent No.2 was paid some amount. It is also submitted that parties have entered into the agreement voluntary on their own free will and without any pressure, coercion, undue influence or duress of any nature. In support of his submission, the learned counsel has cited a case law in The State of Madhya Pradesh vs. Laxmi Narayan and ors. reported in Criminal Petition No. 349/2019.

5. The respondent No.2 also filed an affidavit by stating that though she had lodged the FIR on the death of her husband but subsequently, the matter has been settled between her and petitioner amicably. Though she had approached the Officer-in-charge of Boko P.S with a prayer to withdraw the said FIR, but the Officer –in- charge had declined to withdraw the said FIR and police also submitted charge sheet against the petitioner pending in the court of learned JMFC, Kamrup at Boko. According to the respondent No.2, she along with the accused petitioner had already amicably settled the matter and as such, she has no any objection in the event of quashing of FIR and proceeding in PRC case No.504/2022 pending in the court of learned JMFC, Kamrup at Boko.

6. I have considered the submissions of learned counsel for the parties.

7. In PRC Case No. 504/2022, charge sheet was submitted against the present petitioner under Sections 279/304-A IPC and both the offences are non-compoundable.

8. It is well settled that High Court in exercising its powers under Section 482 CrPC can compound the offence which are not compoundable under the Code on the ground that there is a compromise between the accused and complainant. However, Hon’ble Supreme Court has laid down parameters and guidelines for the High Court while accepting settlement and quashing the proceedings.

9. In the case of Narinder Singh & Ors. Vs. State of Punjab & anr. reported in (2014) 6 SCC 466, the Hon’ble Supreme Court has observed as under:

“29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:

29.1 Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable,