Point of Law: When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure.

JUDGMENT :

W. DIENGDOH, J.

1. An FIR dated 05.08.2019 was lodged before the Officer-in-Charge Sadar Traffic Branch, Shillong by one Shri Santosh Kr. Rai informing the police that a motor vehicle accident occurred on 03.08.2019 at about 7:45 P.M. or so at the Golf Club, Shillong where his younger brother Master Sagar Kr. Rai aged about 12 years was knocked down by a motor bike bearing Registration No. ML-05R-3575, its driver being Shri Nail Nolianson Khongwir. As a result of the said accident, the victim suffered multiple injuries and fractures on his body and was admitted at Super Care Hospital in a critical stage.

2. On receipt of the said FIR, Sadar PS Case No. 166(8) of 2019 u/s 279/337/338 IPC was duly registered. In course of investigation, a prima facie case u/s 279/337/338 IPC was found well established against the accused person Shri Nail Nolianson Khongwir and the matter was forwarded to the competent court of jurisdiction for trial. Accordingly, a criminal case being GR Case No. 354(A) 2019 was registered and the matter is now pending before the learned Judicial Magistrate First Class at Shillong. The stage of the case is for framing of charge.

3. In the meantime, the Petitioner and the Respondent No. 2 herein have come to an understanding and compromise amongst themselves and has agreed to settle the matter amicably on the assurance of the Petitioner to settle all the expenses for the treatment of the injured. It may be mentioned that the injured was subsequently discharged from the hospital on 02.09.2019 and all the expenses amounting to Rs. 3,32,443/- (Rupees three lakhs thirty two thousand four hundred and forty three) only was settled by the Petitioner herein. The copy of the compromise deed mentioned above is annexed with this petition as Annexure-5.

4. The Petitioner has then approached this Court with an application u/s 482 Cr.P.C. with a prayer to quash the FIR dated 05.08.2019 and/or to quash the proceedings in the said GR Case No. 354(A) 2019.

5. Heard Mr. Philemon Nongbri, learned counsel for the Petitioner who has stated that on facts as stated above, it is apparent that the proceedings of the said GR Case No. 354(A) 2019 may be quashed solely on the ground that the parties have come to an understanding and have reached a compromise and therefore, there is no justification for continuation of the same. The Complainant/Respondent 2 is also no longer interested in pursuing the matter.

6. It is also submitted that the dispute essentially involves two private parties and has no implication on the interest of society at large, infact the compromise affected between the parties would create a spirit of peace and harmony, which will have a positive impact on society. Therefore, this is a fit case for exercise of the inherent power of this Court u/s 482 Cr.P.C.

7. In support of his argument, the learned counsel for the Petitioner has cited the following cases:

(i) Narinder Singh and Others vs. State of Punjab and Another, (2014) 6 SCC 466

(ii) Shri Derek Randall Jyrwa vs. State of Meghalaya, Crl. Pet. No. 23 of 2019

(iii) Shri Teilang Nongrum vs. State of Meghalaya, Crl. Pet. No. 14 of 2020

(iv) Shri Basandorlang Thangkhiew vs. State of Meghalaya and Another, 2021 SCC Online Megh 68

8. It is submitted that in the case of Narinder Singh (supra) the Hon’ble Supreme Court has laid down the principles and guidelines for quashing of an FIR on the basis of settlement between the parties. Paragraph 29.2 of the said judgment has been quoted by the learned counsel for the Petitioner in this regard. It is also submitted that this Court relying on the decision of the Narinder Singh case has passed suitable orders in the other cases cited above.

9. The learned counsel has also specifically referred to the decision of this Court in the case of Basandorlang Thangkhiew (supra) and has submitted that under similar facts and circumstances the said decision was reached which would also cover the facts and circumstances of this instant case.

10.