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IN THE HIGH COURT OF SIKKIM, GANGTOK
BHASKAR RAJ PRADHAN, J.
Thinlay Dorjee & Ors. - Appellants
Versus
State of Sikkim - Respondent
Crl. Misc Case No. 10 of 2017
Decided on : 01-09-2017
Section 482 - Quashing of Criminal Proceedings - 279, 338 IPC, 184 Motor Vehicles Act, 1988 - Summary
Fact of the Case:
The accused was involved in a road accident and faced criminal charges under Section 279/338 IPC and Section 184 of the Motor Vehicles Act, 1988. The victim and the accused reached a settlement, and all issues were amicably resolved.
Finding of the Court:
The court found that the settlement between the parties had resolved all disputes, and the continuation of the criminal proceeding would be an exercise in futility. The accused had shown right thinking and reflected good conduct post-accident.
Issues: The main issue was whether the court should exercise its inherent powers under Section 482 of Cr.P.C. to quash the criminal proceedings in light of the settlement between the parties.
Ratio Decidendi: The court held that the settlement between the parties and the remote possibility of conviction justified the exercise of inherent powers to quash the criminal proceedings.
Final Decision: The court quashed the FIR and subsequent proceedings under Section 482 of Cr.P.C. to secure the ends of justice.
ORDER :
Bhaskar Raj Pradhan, J.
Crl. Misc. Case No.10 of 2017 has been preferred seeking to invoke the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The petitioners are the accused, the complainant and the victim respectively. The State of Sikkim is the respondent. The petitioners prays that FIR No. 29 of 2016 dated 03.06.2016 and its subsequent proceedings i.e., G.R. Case No. 24 of 2016 (State of Sikkim v. Shri Thinlay Dorjee) be quashed in terms of the deed of compromise dated 11.06.2016 entered between one Krishna Chettri, petitioner No. 2/complainant and Thinlay Dorjee, petitioner No. 1/accused in the above mentioned Criminal Misc. Case on 29.07.2017. The deed of compromise records: “1. That the Party of the Second Part on 03.06.2016, on his way back to Bhutan collided with a Scooty bearing Registration No. WB 74 AF 6438, wherein one Mr. Hari Chhetri, S/o Late B.B. Chhetri (Rider of the said Scooty) and the pillon rider Mr. Ram Bahadur Chhetri, S/o Late H.B. Chhetri got injured. Accordingly the Party of the First Part being the brother of the injured persons lodged a complaint before the Singtam Police Station and on the basis of the same a FIR was registered against the Party of the Second part vide FIR No. 29/2016, dated 03.06.2016, dated 03.06.2016 under Section 279/237/238 of the Indian Penal Code, 1860 read with Section 177/184 of the Central Motor Vehicle Act, 1988.
2. That the Party of the Second Part assisted by the other persons of the locality took the injured persons to the hospital wherein the injured Mr. Hari Chhetri was admitted to Singtam District Hospital and later on referred to Mohapal Nursing Home, Pradhan Nagar, Siliguri, whereas the Pillion Rider Mr. Ram Bahadur Chhetri having suffered simple injuries was returned back after through medical examination, expenses of same was incurred by the party of the Second Part.
3. That the parties having been agreed to settle their disputes and differences amicably between themselves without recourse to litigation and for that purpose showing their willingness to abandon their claims met at Singtam, East Sikkim for compromising the matter on 08.06.2016.
4. That it has been settled and compromised by the parties herein that the Party of the Second Part shall pay a lumpsum amount for the damages of the Scooty i.e. Rs.60,000/- (Rupees Sixty Thousand only), compensation to injured No.1 Mr. Hari Chhetri i.e. Rs. 1,00,000/- (Rupees One Lac only) and Expenses for medical treatment to the injured No.2. Mr. Ram Bahadur Chhetri i.e. Rs.10,000/- as a full and final settlement to the claims of the party of the First Part.
Therefore, it was settled in a lumpsum amount of Rs.1,70,000/- (One Lac Seventy Thousand only) to be paid by the Party of the Second Part as a full and final settlement to the Complainant (i.e. party of the First Part) in connection to FIR No.29/2016 dated 03.06.2016.
5. That the party of the Second Part has already paid a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the party of the Second Part as an advance to the aforesaid lumpsum amount and receipt of the same has been duly acknowledged by the Party of the First Part in presence of two attesting witnesses.
6. That the Party of the Second Part shall pay the remaining amount of Rs.1,20,000/- (Rupees One Lac Twenty Thousand only) to the Party of the First Part on 11.06.2016 and the Party of the First Part shall acknowledge the receipt of the same as full and final settlement and in future the party of the First Part shall have no claim against the Party of the Second Part.
7. That after execution of this deed of compromise and after receipt of the full and final payment of the compensation amount, the Party of the First part has agreed to withdraw the Complaint filed by him on 03.06.2016 followed by FIR No.29/2016 dated 03.06.2016 under Section 279/237/238 of the Indian Penal Code, 1860 read with Section 177/184 of the Central Motor Vehicle Act, 1988.”
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