Himachal Pradesh HC quashes FIR exercising its power under S. 482 of CrPC in light of compromise between the parties

High Court of Himachal Pradesh: While deciding a petition under Section 482 of CrPC praying to quash the FIR registered in a criminal case, a Single Judge Bench of Sanjay Karol, Acting CJ, held that when the respondent/complainant, who is the worst affected person on account of the accident, does not want to hold the petitioner responsible, the quashing of FIR would definitely be to secure the ends of justice and to prevent abuse of process of the Court.

It was alleged by the complainant that on 29.7.2014, an HRTC bus met with an accident due to rash and negligent driving of its driver (petitioner) resulting into injuries to the occupants of the said bus including his mother and daughter.

This petition stood filed on the premise that the matter stood compromised between the present petitioner and the complainant as also other injured persons vide Compromise Deed dated 14.6.2017. When the case was taken up for consideration, learned counsel for the petitioner as also the complainant stated that the matter stood compromised between the parties.

The Court held that it was not disputed that the parties have reached a settlement and on that basis have preferred the present proceedings seeking quashing of the FIR. Once complainant, who is the worst affected person on account of this accident, does not want to hold the petitioner responsible, the quashing of such FIR would definitely be to secure the ends of justice and to prevent abuse of process of the Court. Thus, taking holistic view of the matter and looking into all attending facts and circumstances, the Court found this case to be a fit case to exercise powers under Section 482 of the Code and accordingly the FIR was ordered to be quashed. [Dharam Pal v. State of HP, 2017 SCC OnLine HP 1319, order dated 1.09.2017]

Join the discussion

Your email address will not be published. Required fields are marked *

sixteen − 9 =