Issac Lalsiemthar vs State Of Meghalaya & Anr.

Heard learned counsels for the parties.

The petitioner's case in brief is that a Motor Vehicle Accident took place on 08.09.2019 at about 5:30 PM which involved the vehicle bearing Registration No. ML-05-R-3139 driven by the petitioner herein who was proceeding from Guwahati to Shillong on the National Highway, and on reaching near Nongpoh Police Station, Ri-Bhoi District, he saw one vehicle being Ford Eco Sport parked on the road and on crossing that vehicle, all of a sudden one pedestrian, the victim H.N. Sangma (since deceased) crossed from the front side of the vehicle and in the process was dashed by the vehicle driven by the petitioner.

The petitioner immediately took the said victim to the Bethany Hospital, Nongpoh for treatment where the victim then succumbed to his injuries.

The respondent No. 2 herein then lodged an FIR in connection with the said incident, which FIR was registered as Nongpoh P.S. Case No. 153(9) of 2019 under Sections 279/304A IPC.

Pursuant to the said FIR, investigation was launched and the petitioner was arrested on 08.09.2019, but was also released on bail on the same day. However, in course of investigation, the I/O submitted the charge sheet and came to the conclusion that a prima facie case under Sections 279/304A IPC is found well established against the accused/petitioner herein.

In this connection, a case was registered being G.R. Case No. 118 of 2020 and the same was taken up by the learned Chief Judicial Magistrate, Nongpoh.

It may be mentioned that the petitioner and the complainant/respondent No. 2 in the meantime has arrived at a compromise and have decided to bring to a closure all matters relating to the said incident. This compromise was conveyed to the Officer-in-Charge, Nongpoh Traffic Police vide letter dated 25.09.2019. The parties followed up by filing a joint application dated 17.12.2020 before the Court of the learned Chief Judicial Magistrate, Ri-Bhoi District, Nongpoh in the said G.R. Case No. 118 of 2020.

The learned Chief Judicial Magistrate, Ri-Bhoi District, Nongpoh vide order dated 17.02.2021 has rejected the prayer of the parties solely on the ground that the offences involved are non-compoundable not coming within the purview of Section 320 Cr.P.C and as such, the said compromise between the parties was not allowed.

The petitioner has accordingly approached this Court with this instant application under Section 482 Cr.P.C praying inter alia to quash the FIR dated 13.06.2020 and to set aside the criminal proceedings in G.R. Case No. 118 of 2020.

Mr. A.M. Sangma, learned counsel for the petitioner has submitted that the Hon'ble Supreme Court in the case of Narinder Singh & Ors. v. State of Punjab & Anr: (2014) 6 SCC 499 at paragraphs 29.2 and 29.5 has observed that:

"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."

29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases."

It is therefore prayed that this Court may be pleased to exercise its inherent power and to allow the compromise between the parties to be effected and as prayed for, the proceedings in the said G.R. Case No. 118 of 2020 be quashed.

Mr. K. Ch. Gautam, learned counsel for the respondent No. 2 has also submitted that it is a fact that the parties have amicably settled the matter and have also caused the said Compromise letter dated 25.09.2019 to be filed before the Officer-in-Charge, Nongpoh Traffic Police and that there is no dispute between the parties, for which the complainant was duly compensated for their loss and is no longer willing to pursue with the said criminal case. Therefore, there is no objection to the prayer made by the petitioner in this instant application.

Ms. R. Colney, learned GA appearing on behalf of the conducting GA for the State respondent No. 1, Mr. H. Abraham has not put up any strong objection to this instant application.

On consideration of the submissions made, the facts as stated above is not required to be reiterated, what is to be considered by this Court is whether a criminal proceeding involving non-compoundable offence can be set aside and quashed, all parties having reached a compromise, as far as the dispute is concerned.

The case law relied upon by the learned counsel for the petitioner is relevant to discuss this issue, wherein at paragraph 29.1 the Apex Court has held that:

"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."

The High Court therefore has the 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, caution is given to the High Court to sparingly exercise this power by looking into the facts and circumstances of the case.

As regard the factual matrix of the case under consideration i.e. the said G.R. Case No. 118 of 2020, the fact that Motor Vehicle Accident took place resulting in injury and death of the victim is indeed a serious matter. However, without going to the merits of the case, since evidence has to be led, what is prima facie apparent is the conduct of the petitioner/accused who had on his own taken the victim to the hospital for treatment. No mens rea is therefore present.

This being the case, this Court is of the opinion that for ends of justice, the petitioner should not be unnecessarily embroiled in the said criminal proceeding.

In view of the above, this application is hereby allowed. The proceedings of G.R. Case No. 118 of 2020 pending before the Court of the learned Chief Judicial Magistrate, Ri-Bhoi District, Nongpoh is hereby set aside and quashed.

Registry is directed to furnish copy of this order to the Trial Court for due compliance.

Matter disposed of. No cost.