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W.DIENGDOH
Gary Synroplang Doonai Ranee – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
1. This is an application under Section 432 Cr.P.C preferred by the petitioner herein with a prayer to quash the FIR dated 12.10.2020 and the corresponding criminal Case being GR Case No.195 (A) 2020 pending in the court of learned Judicial Magistrate First Class, Shillong.
2. Facts as could be ascertained from the body of this application is that on 10.10.2020 at around 7:00 P.M. at FCI Main Gate Mawlai, Shillong, the petitioner was riding a Scooty bearing Registration No. ML-05-R-9159 met with an accident in which Shri Rinelson Marbaniang, the father of respondent No. 2 was knocked down, as a result of which he suffered multiple injuries on his person. In this connection, an FIR dated 12.10.2020 was lodged before the officer-in-Charge, Sadar Traffic Branch, Shillong which was accordingly registered as Shillong Sadar PS Case No. 247(10)2020 under Section 279/337/338 IPC.
3. The petitioner was arrested in connection with the said case and on execution of a bail bond was enlarged on bail. The said Scooty as well as the related documents have all been seized by the police. The said Scooty was however released on zimma by the Investigating Officer on 14.10.2020.
4. In the meant
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....
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.
The court quashed the FIR based on a compromise where the complainant exonerated the petitioner, emphasizing the importance of maintaining societal harmony.
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 court's exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973, to quash criminal proceedings based on settlemen....
Compromise between parties in a criminal case can lead to quashing of FIR and proceedings to prevent abuse of legal process.
A compromise between the parties can lead to the quashing of an FIR when the complainant withdraws allegations, indicating that prosecution would not succeed.
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....
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