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W.DIENGDOH
Nail Nolianson Khongwir – Appellant
Versus
State of Meghalaya – Respondent
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 PM 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. ML05 R-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 Petitione
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.
Inherent power, is well able to ensure that ends of justices secured or to prevent abuse of process of any court and accordingly, in suitable cases where a compromise or settlement is reached between....
The court can exercise its power to quash criminal proceedings based on a settlement between the parties, considering factors such as the nature of the offense and the public interest.
The court may quash proceedings for non-compoundable offences under Section 482 of the Cr.P.C. when parties have amicably settled their dispute, provided it does not pose serious societal implication....
The main legal point established in the judgment is the court's exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973, to quash criminal proceedings based on settlemen....
The court can quash FIRs in non-compoundable offenses based on a valid settlement between parties, highlighting that continuation serves no useful purpose.
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 central legal point established in the judgment is the exercise of inherent power under Section 482 of the Code of Criminal Procedure to quash criminal proceedings based on a compromise, consider....
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