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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Deepanshu Kaushal – Appellant
Versus
State of H.P – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. By way of instant petition, prayer has been made by the petitioner for quashing of FIR No. 104, dated 21.7.2023, under Sections 279, 337 & 304A of IPC, registered with Police Station Badsar, District Hamirpur, Himachal Pradesh 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.2-complainant (herein after referred to as “the complainant”), who alleged that on 21.7.2023 at about 10:30 am, while he had come towards Bihru Bazaar, and was coming back from the society, one scooty bearing registration No. HP 74-6945 being driven by the petitioner came in high speed from wrong side and hit a person namely Ram Lal, as a result of which, he suffered multiple injuries. Since it came to be specifically alleged by the complainant that accident occurred on account of rash and negligent driving of the petitioner, case under Sections 279 and 337 of IPC came to be registered ag
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....
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 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....
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,....
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.
Dealing With a Plea That Dispute Has Been Settled - In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard....
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