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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Bharat Bhushan – Appellant
Versus
State of HP – Respondent
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition, prayer has been made by the petitioner for quashing of FIR No. 0045/2020 dated 7.6.2020, registered at Police Station Bangana, District Una, Himachal Pradesh, under Sections 279 and 304-A of IPC as well as consequent proceedings, if any, pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties.
2. Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of the respondents No.3- complainant (herein after referred to as “complainant”), who alleged that on 7.6.2020 at about 10:30am, while he was doing cleaning work of his Dhaba, one boy who had come riding his cycle was standing in front of his Dhabha. He alleged that suddenly, one car bearing registration No. PB06X0097, being driven by the petitioner came in high speed and hit the boy standing on the bicycle as well as chairs kept outside his Dhabha. He alleged that on account of rash and negligent driving of the driver of the car, boy standing near his Dhabha suffered multiple injuries, who later on succumbed to the
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....
High Court quashed non-compoundable FIR for rash driving causing death under Section 482 CrPC on voluntary compromise by complainant/legal heirs, as offences not heinous, conviction remote, serving e....
The sparing and cautious exercise of inherent power under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the impact on society, and the possibility....
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....
The court emphasized the need to evaluate the nature and gravity of the offences, the impact on society, and the possibility of conviction when exercising the inherent power under Section 482 of the ....
The main legal point established in the judgment is that the court has inherent power to quash criminal proceedings, even in non-compoundable cases, based on genuine compromises, considering the natu....
Quashing – High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable, but such power is to be exercised sparingly and with great caution.
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.
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