Point of Law : Section 482 is an overriding section which saves the inherent powers of the court to advance the cause of justice. Under Section 482 the inherent jurisdiction of the court can be exercised (i) to give effect to an order under the Cr.P.C. (ii) to prevent the abuse of the process of the court and (iii) to otherwise secure the ends of justice.

ORDER :

1. Petitioner herein has approached this Court in the instant proceedings filed under Section 482 Cr.P.C. praying therein to quash and set-aside the FIR No. 159 of 2019 dated 30.12.2019, registered at P.S. Fatehpur, District Kangra, under Sections 302 and 304 IPC read with Section 34 of IPC as well as consequent proceedings, if any, pending before the competent court of law.

2. Precisely, facts of the case, as emerge from the record, are that on 30.12.2019, respondent-complainant No. 2 Raghubir Singh (herein after referred to as the complainant) lodged FIR as detailed herein above, alleging therein that on 29.12.2019, while he alongwith his brother and father was present at his fish shop at Khatiyad, Tehsil Fatehpur, District Kangra, H.P. 5-6 young persons namely Harmanpreet Singh, Sukhjeet Singh, Harjot Singh and Harvinder Singh along with Narender Singh i.e. driver of the vehicle bearing No. PB-07BH8139, stopped at their eatery for having fried fish. Complainant alleged that though aforesaid occupants of the vehicle ate fish amounting to Rs. 2,000/- but they only paid sum of Rs. 1500/- and as such, altercation took place inter-se them and his father. Complainant alleged that all the occupants including the driver after having seen people gathering at the shop made an attempt to run away and in that process, driver of the vehicle rashly and negligently turned his vehicle, as a consequence of which, his father Dhanni Ram, suffered injuries and was declared brought dead when taken to the hospital. In the aforesaid background, FIR sought to be quashed in the instant proceedings, came to be lodged against the present petitioner as well as other occupants of the vehicle under Section 304 read with Section 34 IPC. On 30.12.2019, police recorded supplementary statement of the complainant under Section 161 Cr.P.C. wherein he allegedly disclosed to the police that on 29.12.2019, at around 7 PM, six young boys from Punjab came to their Dhaba for having fish and they consumed 1½ kg fish and ½ kg curry with rice. He alleged that since persons named hereinabove were ready to pay Rs.1500/- only against the bill of Rs. 2000/- altercation took place between her father and them. Complainant alleged that persons named herein above started arguing and pushing him as well as his father and they headed towards their vehicle. He stated that when his father came in front of the vehicle demanding payment, vehicle was driven by the present petitioner, as a consequence of which, his father was dragged alongwith vehicle for about 25-30 feet. He alleged that all the occupants of the vehicle in question had an intention to kill his father Dhani Ram. On the basis of aforesaid supplementary statement made by the complainant, case under Section 302 IPC read with Section 34 IPC came to be initiated against all the occupants as well as person namely Narender Singh instead of 304 IPC. After completion of investigation, police presented challan in the competent court of law, wherein police claimed that occupants of the vehicle in question ran over their vehicle over the deceased Dhani Ram with an intention to kill him. All the occupants save and except present petitioner Narender, who at that relevant time, was driving the vehicle, approached this Court by way of Cr. MMO No. 287 of 2020, filed under Section 482 Cr.P.C. praying therein to quash the FIR as well as consequent proceedings pending in the competent court of law, on the ground that no case much less under Section 302 IPC read with Section 34 of IPC is made out against them, and they have been falsely implicated in the case. This Court after having perused reply as well as record of investigation passed detailed judgment on 4.1.2022, setting aside the FIR sought to be quashed in the instant proceedings qua them. Now by way of present petition, petitioner Narender Singh, who at that relevant time was the driver of the vehicle in question has approached this Court in the instant proceedings, prayin