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2022 Supreme(Megh) 249

HIGH COURT OF MEGHALAYA AT SHILLONG
W. Diengdoh, J.
Jeffredy Langbang - Appellant
Versus
State of Meghalaya & Ors. - Respondents
Crl. Petn. No. 20 of 2022
Decided On : 13-07-2022

Advocates appeared:
Ms. A. Kharmyndai, Advocate, for the Petitioner; Mr. H. Kharmih, Addl. PP, for the Respondent Nos. 1 & 2; Ms. W. Najiar, Advocate, for the Respondent No. 3

IMPORTANT POINT
The High Court has inherent power under Section 482 Cr.P.C to quash criminal proceedings, even in non-compoundable cases, when the parties have settled the matter between themselves, to secure the ends of justice or prevent abuse of the court process.

Headnote:

Motor Vehicle Accident - Criminal Proceedings - Section 482 Cr.P.C - Sections 304A and 337 IPC

Fact of the Case:

The petitioner, a student, was involved in a motor vehicle accident resulting in the death of the respondent's mother. The parties reached a settlement, and the petitioner sought to quash the criminal proceedings under Section 482 Cr.P.C.

Finding of the Court:

The court considered the settlement between the parties and the inherent power of the High Court to quash criminal proceedings, as highlighted in the case of Narinder Singh & Ors v. State of Punjab & Anr. The court found that a case had been made out for compounding the sections 304A and 337 IPC and allowed the petition, setting aside and quashing the FIR and related proceedings.

Issues: Motor vehicle accident, settlement between parties, quashing of criminal proceedings under Section 482 Cr.P.C

Ratio Decidendi: The court applied the principle that the High Court has inherent power to quash criminal proceedings, even in non-compoundable cases, when the parties have settled the matter between themselves, to secure the ends of justice or prevent abuse of the court process.

Final Decision: The petition was allowed, and the FIR and related proceedings in Rynjah P.S. Case No. 87 (6) of 2022 were set aside and quashed. No costs were awarded.

JUDGMENT

1. The petitioner who is a student pursuing his studies in XII Standard from the National Institute of Open Schooling (NIOS) at Belfond Higher Secondary School, Goflink, Lum-Shyiap, Shillong met with an accident on 12.05.2022 at Nongmensong, Shillong while riding his motor cycle being No. ML-05-X-5518 wherein, he hit the mother of the respondent No. 3 herein who was crossing the road at that point of time.

2. The petitioner immediately shifted the mother of the respondent No. 3 to NEIGRIHMS, Shillong as she has sustained injuries as a result of the said accident. The injured was thereafter referred for treatment to Woodland Hospital, Shillong.

3. The petitioner has offered to pay all the necessary expenses for the medical and hospital charges of the injured, but unfortunately on 16.05.2022, she succumbed to her injuries.

4. In view of the fact that a motor vehicle accident had occurred, inspite of the reluctance of the respondent No. 3 and the family to pursue with the matter, an FIR was lodged on 03.06.2022 being registered as P.S. Case No. 87 (6) of 2022 under Section 304A/337 IPC.

5. In course of the said criminal proceedings against the petitioner, the parties have come to an understanding and since the respondent No. 3 does not wish to pursue the matter further, an agreement was reached between the parties culminating in a written settlement dated 22.06.2022 depicting the agreement and consent of the parties to refrain from further conflict as regard the matter, more particularly on the ground that all the expenses amounting to Rs. 1,30,000/- (Rupees one lakh thirty thousand) only incurred by the respondent No. 3 for hospital charges and funeral expenses, etc. have been borne by the petitioner.

6. The respondent not wishing to pursue with the criminal matter against the petitioner, the section involved being non-compoundable, the petitioner has therefore approached this Court with this application under Section 482 Cr.P.C with a prayer to set aside and quash the said proceedings in Rynjah P.S. Case No. 87 (6) of 2022.

7. Heard Ms. A. Kharmyndai, learned counsel for the petitioner who has submitted that the petitioner has come before this Court seeking relief under Section 482 under the facts and circumstances as indicated above and has prayed that this Court may be pleased to pass necessary orders to set aside and quash the said criminal proceedings.

8. Ms. W. Najiar, learned counsel appearing for the respondent No. 3 has also endorsed the submission of the learned counsel for the petitioner and has submitted that the respondent No. 3 having amicably settled the matter with the petitioner, therefore continuance of the said criminal proceedings would be futile.

9. Mr. H. Kharmih, learned Addl. PP appearing for the State respondents No. 1 & 2 has submitted that since the matter has been suitably resolved between the principal parties, therefore the State has no objection to any order passed in this regard.

10. On consideration of the submission made, facts as indicated above would show that a motor vehicle accident had occurred on 12.05.2022 involving the petitioner and the deceased mother of the respondent No. 3 herein, who as a result of the said accident had succumbed to her injuries on 16.05.2022. The FIR lodged, is, but a consequential action of due process of law, for which the petitioner is liable to be prosecuted for allegedly having committed the offence indicated in the said FIR.

11. It is also on record evidenced by the said 'settlement' dated 22.06.2022 that the parties have come to an agreement and has settled the matter between them amicably. Therefore, it can be said that a compromise has been reached between the parties in this regard.

12. Section 482 Cr.P.C speaks of the inherent power of the High Court to make or pass necessary orders, inter alia, to secure the ends of justice. The Court also has the inherent power to quash criminal proceedings even in those cases which are not compoundable, where the parties

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