Back
PRANAY VERMA
Ramsingh Modavat S/o Shri Bheema Modavat – Appellant
Versus
State of Madhya Pradesh Station House Officer Through Police Station Unhel – Respondent
ORDER :
With the consent of learned counsel for the parties, the matter is finally heard.
2. By this petition preferred under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashment of FIR registered by Police Station Unhel, District Ujjain against him vide Crime No.149/2020 for offences punishable under Sections 337, 338 and 304-A of the IPC, charge-sheet dated 30.08.2020 and the entire consequential proceedings of RCT No.908/2020 pending before the trial Court.
3. As per the prosecution, on 16.05.2020 deceased Lal Singh along with one Hakam Singh and others was extracting soil from Lal Singh’s well. From the outside Ram Singh was running the machine while Hakam Singh and others were filling the soil from inside. During course of such work, due to sinking of the soil, Lal Singh along with the machine fell inside the well due to which he and Hakam Singh sustained injuries and eventually succumbed to the same. On receiving the information from the complainant Darbar Singh, two merg were registered and statements were recorded and subsequently it was found that the incident has occurred due to the negligence of the petitioner/accused. Thereafter, the FIR w
Point of Law : High Court may exercise the powers under Section 226 of Constitution or the inherent powers under Section 482 of Cr.P.C. to prevent abuse of process of Court or otherwise to secure the....
The High Court can quash FIRs for non-compoundable offences under Section 482 of the CrPC if a settlement is reached and gross negligence is not established, serving the ends of justice.
A direct nexus between the accused's negligent act and the death must be established for liability under Section 304-A IPC.
The act must be the immediate or proximate cause for the occurrence, and negligence must be of a high degree to constitute gross negligence under Section 304-A of I.P.C.
The court's decision emphasized the exercise of inherent powers under section 482 Cr.P.C. to prevent abuse of the court process and secure the ends of justice, particularly in cases involving settlem....
A direct nexus between the accused's negligent act and the death is essential for liability under Section 304-A IPC.
Criminal liability requires specific, clear allegations linking the accused's actions to the offence; vague claims based on suspicion do not suffice.
The discretionary nature of the inherent power under Section 482 Cr.P.C. and the need for a full trial to determine negligence before quashing an FIR.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
