IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Ranjan Sharma,
Varun Galhotra @ Vanu – Appellant
Versus
State of Himachal Pradesh – Respondent
Ranjan Sharma, J.
1. The petitioner accused [Varun Galhotra @ Vanu] has come up before this Court under Section 482 of Criminal Procedure[hereinafter referred to as ‘Cr.P.C.’] , seeking quashing and setting a side the FIR No.0096 of 2019 under Sections 279 , 337, 304AA of the INDIAN PENAL CODE [hereinafter referred to as ‘IPC’] read with Section 185 of the MOTOR VEHICLES ACT [hereinafter referred to as ‘ACT’] registered on 22.06.2019, at Police Station Dharamshala, District Kangra [H.P.] and the criminal proceedings arising therefrom which are pending before the learned Judicial Magistrate, First Class, Dharamshala, District Kangra [H.P.] in Police Challan No. 203 of 2019 titled as State of H.P. versus Varun.
2. Factual matrix is that on 22.06.2019, a person, named Vishal informed the police; namely Chandan telephonically that a vehicle met with an accident, as it had overturned near village Kandi, on Khaniyara road. Thereafter, police officials found that a car bearing No.PB0523007, got struck with a water pipe and a young man was found trapped between the pipe and the vehicle. On inquiry by the police, it was found that Varun Galhotra [Petitioner], Saurav, Baljinder
B.S. Joshi and ors. versus State of Haryana & anr.
Gian Singh versus State of Punjab & anr.
Narender Singh versus State of Punjab
Parbhatbhai Aahir @ Parbhatbhai Bhimsinhbhai Karmur & ors. versus State of Gujrat & anr.
The court upheld that FIRs in non-heinous offences can be quashed if there is an amicable settlement between the parties, particularly when the case involves family relationships and no societal harm....
The main legal point established in the judgment is the distinction between the power to quash criminal proceedings under Section 482 of the Code of Criminal Procedure and the power to compound offen....
High Court may quash non-compoundable FIRs for rash/negligent driving causing death on genuine compromise by victim family, as offences not heinous, conviction remote, securing ends of justice and pr....
The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences based on the settlement between the parties, to secure the ends of just....
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases involving voluntary compromise and non-compoundable offe....
The main legal point established in the judgment is that the quashing of criminal proceedings based on compromise between the parties should be considered in light of the nature and gravity of the of....
The court can quash FIRs for non-compoundable offences under Section 482 CrPC if the parties have compromised and the circumstances do not involve public interest or serious moral turpitude.
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 High Court can quash FIRs for non-compoundable offences if a genuine compromise exists and public interest is not adversely affected.
While exercising power under Section 482 Cr.P.C can also be swayed by the fact that settlement between the parties is going to result in harmony between them which may improve their future relationsh....
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