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Meghalaya High Court · body

2022 DIGILAW 185 (MEG)

Jeffredy Langbang v. State of Meghalaya

2022-07-13

W.DIENGDOH

body2022
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. 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 have settled the matter between themselves. 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 have settled the matter between themselves. This aspect of the matter has been taken note of by the Hon'ble Supreme Court in the case of Narinder Singh & Ors v. State of Punjab & Anr: (2014) 6 SCC 466 , particularly at para 29.1 and 29.2 extracted herein below: '29.1 Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. 29.2. 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: (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives'. 13. Applying the abovementioned principle to the case in hand, this Court is of the considerable opinion that a case has been made out for compounding of Sections 304A and 337 IPC as far as the case of the parties herein are concerned. 14. Accordingly, this petition has merits and the same is allowed. The FIR and the related proceedings in Rynjah P.S. Case No. 87 (6) of 2022 is hereby set aside and quashed. 15. Petition disposed of. No costs.