The High Court's power under Section 482 CrPC to quash FIRs is restrictive and only applicable when no prima facie case is established against the accused.

Virender Singh, Judge (oral).

Petitioner-Har Krishan has filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), for quashing of FIR No.42 of 2022, dated 18.03.2022 (hereinafter referred to as the FIR, in question), registered with Police Station, Sundernagar, District Mandi, H.P., under Sections 279 , 337 and 338 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), Sections 185 and 196 of the Motor Vehicles Act , (hereinafter referred to as the MV Act, as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Additional Chief Judicial Magistrate, Sundernagar, District Mandi, H.P.

(hereinafter referred to as the ‘trial Court’).

2. According to the petitioner, the said FIR has been registered at the instance of respondent No.2. Thereafter, the petitioner was medico-legally examined at Ner Chowk Hospital, Mandi, from where, he was referred to PGI Chandigarh.

3. After completion of the investigation, the police has filed the charge-sheet against the petitioner, which is pending before the learned trial Court.

4. The relief of quashing has been sought, on the ground that the petitioner, when reached before Dog tomb at Sundernagar, then one vehicle came from opposite side at a high speed and due to reflection of high light, he turned his bike and it dashed against a tree, due to which, the accident had taken place.

5. It is the further case of the petitioner that due to the accident, he became unemployed and he will not get the job anywhere, during the pendency of the trial.

6. Apart from this, the petitioner has also put forward his indigent circumstances, by pleading that he is having two children and is the only bread earner of his family.

7. On the basis of the above facts, a prayer has been made to exercise the jurisdiction to quash the FIR, in question, as well as, the proceedings resultant thereto.

8. When, put to notice, respondent No.1 has filed the reply, mentioning therein the circumstances, in which, the FIR, in question, has been registered, at the instance of respondent No.2, as well as, the manner, in which, the investigation has been conducted, by the police and charge-sheet has been filed, in this case, which is pending before the learned trial Court.

9. It is the specific stand of respondents, that the accident in question had taken place, due to the rash and negligent driving of the petitioner. Perusal of the report, under Section 173(2) Cr.PC, discloses the fact that on 18.03.2022, Constable Deep Chand No.311 reached at Police Station, along with the statement of Balwant, respondent No.2, recorded under Section 154, mentioning therein that on 17.3.2022, he, on his Scooty, along with Ajay, was on their way to village Pungh, and at about 9.45 p.m., when they reached at National Highway-21, near Mahavir School, then, on the left side of the road near pedestrian path, they noticed a black coloured bike bearing No.HP31B-5702. A person was found lying there on the spot and his leg was underneath the bike. Complainant and Ajay lifted the bike. Blood was oozing out from the head of the said person and he was unconscious. Thereafter, from his pants, his Aadhar Card was found , in which his name has been mentioned as Har Krishan (petitioner). Marks were also found on the eucalyptus tree. Thereafter, he was taken to Hospital.

10. Lastly, the complainant has deposed that accident in question had taken place due to the fact that the driver could not control the vehicle, as such, a prayer has been made to take action against the bike ride