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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP KUMAR – Appellant
Versus
STATE OF U.T. AND ANOTHER – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. The present petition has been preferred by the accused under Section 528 of the Bharatiya Nagarika Suraksha Sanhita, 2023 seeking quashing of the FIR No.53 dated 31.07.2024 registered under Sections 106, 125, 281 of BNS, 2023 at Police Station Sector – 49, Chandigarh, on the basis of compromise deed dated 23.09.2024 (copy whereof is appended as Annexure P-2 with the present petition).
2. The case of the petitioner, as set out in the petition, is that the FIR ibid came to be registered on account of a road traffic accident occurred near the Sports Complex, Sector 50/51, Chandigarh involving a Fortuner car and i20 car being driven by the petitioner. As per the version recorded by the police on the basis of information received from the hospital and subsequent inquiry, the petitioner was allegedly driving the i20 vehicle on the wrong side of the road and collided head-on with the Fortuner. As per the allegations, the said collusion had resulted in multiple persons sustaining injuries and one Vijay Kumar, aged about 82 years succumbed to injuries during the course of treatment at GMCH, Sector 32, Chandigarh. On the basis of the circumstances, medical opinion
The FIR under Section 304-A cannot be quashed based on compromise, given the serious nature of the offence and its societal implications.
Quashing of FIR under Section 306 IPC based on compromise is impermissible as such offenses are grave and non-compoundable, impacting societal interests.
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.
The main legal point established in the judgment is the validity of quashing criminal proceedings based on a genuine and valid compromise, considering the nature of the offences and the impact on pub....
Mutual settlement does not justify quashing criminal proceedings in cases of serious offences, particularly where the victim is deceased, reflecting broader societal interests.
The main legal point established in the judgment is the importance of securing the ends of justice and preventing the abuse of the process of law in exercising the inherent power for quashing the FIR....
The main legal point established is that the High Court has inherent powers under Section 482 of the Code of Criminal Procedure to quash criminal proceedings based on a genuine compromise between the....
The main legal point established in the judgment is that the High Court has inherent powers to prevent an abuse of the process of any court or to secure the ends of justice, especially in cases where....
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