The main legal point established in the judgment is the wide and unfettered powers of the High Court under Section 482 of the Code to quash criminal proceedings or FIR based on a compromise between the parties, emphasizing the need to secure the ends of justice and prevent abuse of the court process.

JUDGMENT

Chander Bhusan Barowalia, J. - The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), is maintained by the petitioner for quashing of F.I.R No. 44/2017, dated 23.05.2017, under Sections 279 & 337 of the Indian Penal Code and Section 186 of the Motor Vehicles Act, registered at Police Station Nadaun, District Hamirpur, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stating the facts, giving rise to the present petition are that on 23.05.2017, at about 2.45 p.m., when respondent No. 2 on her Scooty, bearing No. HP-55A3734, was going from Bayaral to Nadaun, suddenly a white colour Car, being driven by the petitioner came from wrong side and hit respondent No. 2. As per respondent No. 2, the petitioner was driving the Car in high speed and even when he hit the Scooty, he did not stop his car and ran away from the spot. Due to the said accident, respondent No. 2 sustained injuries on her right leg and arm. Accordingly, FIR, under Sections 279 & 337 of the Indian Penal code and Section 186 of the Motor Vehicles Act was registered against the petitioner. However, now the parties have entered into a compromise (Annexure P-2) and they do not want to pursue the case against each other. Hence the present petition.

3. Learned counsel for the petitioner has argued that as the parties have compromised the matter, vide Compromise Deed (Annexure P-2), no purpose will be served by keeping the proceedings against the petitioner, hence the FIR, alongwith consequent proceedings, arising out of the same, pending before the learned trial Court may be quashed and set aside.

4. On the other hand, learned Additional Advocate General has argued that the offence of rash and negligent driving on public way is offence against the society and it cannot be compounded/quashed on the basis of settlement between the offender and victim, so the present petition may be dismissed.

5. To appreciate the arguments of learned counsel appearing on behalf of the parties, I have gone through the entire records in detail.

6. Their Lordships of the Hon''ble Supreme Court B.S. Joshi and others vs. State of Haryana and another , (2003) 4 SCC 675, have held that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 would not be a bar to the exercise of power of quashing. It is well settled that the powers under section 482 have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers. Their Lordships have held as under:

[6] In Pepsi Food Ltd. and another v. Special Judicial Magistrate and others , (1998) 5 SCC 749, this Court with reference to Bhajan Lal''s case observed that the guidelines laid therein as to where the Court will exercise jurisdiction under Section 482 of the Code could not be inflexible or laying rigid formulae to be followed by the Courts. Exercise of such power would depend upon the facts and circumstances of each case but with the sole purpose to prevent abuse of the process of any Court or otherwise to secure the ends of justice. It is well settled that these powers have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers.

[8] It is, thus, clear that Madhu Limaye''s case does not lay down any general proposition limiting power of quashing the criminal proceedings or FIR or complaint as vested in Section 482 of the Code or extraordinary power under Article 226 of the Constitution of India. We are, therefore, of the view that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power.

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