Himachal Pradesh High Court: Chander Bhusan Barowalia, J. quashed the FIR to meet ends of justice and prevent the abuse of the process of the Court.
The brief facts of the case are that on 27-01-2019, respondent 2 boarded a private bus at village Dharla, District Mandi, which was coming from Karsog to Shimla. On alighting the bus at 11:30 a.m at Talland, Shimla another bus also stopped at the same stop, which was coming from Karsog. When he was standing near traffic police post all of sudden, driver of latter mentioned bus turned the bus and drove over his left foot, consequent to which he received simple as well as grievous injuries. Consequently, FIR was lodged under Sections 279, 337 and 338 of the Penal Code, 1860 dated 27-01-2019, against the petitioner. Later, respondent 2 entered into a compromise stating not intending to pursue the case further. Hence, the present petition was filed under Section 482 CrPC to quash the FIR.
The counsel for the petitioner, Inder Sharma submitted that as parties have compromised the matter, the proceedings will serve no purpose and the FIR can be quashed and set aside.
Shvi Pal Manhans with P.K. Bhatti for respondents argued that the offence is not compoundable, so the petition may be dismissed. The counsel for respondent 2, Nitish Negi agreed on the same.
The Court relied on various judgments, prominent being Parbatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641 and observed Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers and only recognizes and preserves powers which inhere in the High Court. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power.
In view of the above, FIR was quashed and the petition was disposed of. [Shivesh Dutt v. State of H.P., 2020 SCC OnLine HP 423, decided on 13-03-2020]
