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Himachal Pradesh HC quashes accident case FIR after compromise

The Additional Advocate General has contended that the offence is not compoundable, so the petition may be dismissed.

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The Himachal Pradesh High Court on Thursday, while quashing a plea held, “Even if, the trial is allowed to be continued, as the parties have compromised the matter, there are bleak chances of conviction to secure the ends of justice.”

A single bench of Justice Chander Bhusan Barowalia has heard a petition filed under Section 482 of Code of Criminal Procedure for quashing of FIR under Sections 279 and 337 of the IPC registered at Police Station Boileauganj, district Shimla, Himachal Pradesh, along with all consequent proceedings arising out of the FIR, pending before the trial court.

The facts of the case are that Shivam Thakur, along with his wife was driving a car, when petitioner reached near Jatia Devi bus stand, in another car, which was coming towards Jubbarhati side, in a wrong direction struck against the car, as a result of which, the complainant suffered simple leg injuries. This accident has taken place due to the rash and negligent driving of the petitioner. Pursuant thereto, the complainant came to the Police Station for lodging an FIR against the petitioner. Later FIR was lodged against the petitioner.

Now, the complainant entered into a compromise, dated January 4, 2021, the petitioner seeks to quash the FIR against him.

Vinod Thakur, counsel for the petitioner, has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.

On the other hand, the Additional Advocate General has contended that the offence is not compoundable, so the petition may be dismissed.

The bench after hearing the submission from both the parties referred to the judgement of apex court in B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675, in which the Supreme Court held that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 would not be a bar to the exercise of the power of quashing. It is well settled that the powers under section 482 have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers.

Moreover, the Supreme Court in Jitendra Raghuvanshi and others vs. Babita Raghuvanshi and another, (2013) 4 SCC 58, have held that criminal proceedings or FIR or complaint can be quashed under Section 482 Cr. P.C. in appropriate cases in order to meet ends of justice. Even in non-compoundable offences pertaining to matrimonial disputes, if the court is satisfied that parties have settled the disputes amicably and without any pressure, then for purpose of securing ends of justice, FIR or complaint or subsequent criminal proceedings in respect of offences can be quashed, further the Court cited.

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“Thus, taking into consideration the law as discussed hereinabove, I find that the interest of justice will be met, in case, the proceedings are quashed, as the parties have already compromised the matter,” ordered the Court while disposing of the petition.

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