Normally in a motor vehicle accident case, seeking payment of compensation would satisfy the offending party (victim), and when they are satisfied they are not interested to continue with prosecution in the criminal proceeding. Such an opinion was held by The Hon’ble High Court Of Meghalaya before The Hon’ble Mr. Justice W. Diengdoh in the matter of Shri Dapyooki Dkhar & Anr Vs. State of Meghalaya & Anr [Crl. Petn. No.34 of 2021].
The facts of the case are associated with Petitioner no. 2 who was the complainant, who had lodged an FIR under sections 279/337/338/304(A) IPC at the Sadar Police Station, Shillong dated 20.06.2020. Other Petitioner no.1 was the police constable who was serving in the Meghalaya Police. By lodging the FIR, petitioner no.2 brought the attention of the police regarding a motor accident that took place on 17.06.2020 near Delhi Mistan Bhandar, Police Bazaar, Shillong. In the said accident the father of petitioner no.2 got hit by Petitioner no.1 and that his father couldn’t survive due to injuries and expired on 20.06.2020. It was decided by both the petitioners to settle the matter out of the court and according to the terms Petitioner no1 agreed to compensate by giving Rs 4lacs and Petitioner no 2 would withdraw the FIR.
In the meantime, the charge sheet was already filed before the Court of the Chief Judicial Magistrate, Shillong by the Investigating Officer dated 06.11.2020. Since petitioner no 1 was charged with sections 279 and 304(A) IPC which are non-compoundable, the magistrate has no jurisdiction to allow the compromise between the parties under section 320 of Cr.P.C. Learned advocate, Mr. A.S. Siddique representing the petitioners, contended that it was pointless to proceed with the already compromised case and that the case is suitable for the court to quash it by exercising its inherent power under section 482 Cr.P.C. The Hon’ble Court expressed that it was better to look for relevant authorities and decisions by the supreme court to find out if the case can be examined when both parties compromised and decided to settle outside the court and.
The Hon’ble Court, after considering all the facts stated that “This being the case, on the strength of the authorities cited, this Court is of the considered opinion that the application of the Petitioners is entitled to be allowed. In view of the above, the dispute between the parties having been resolved, it would be futile to proceed with the said criminal proceeding against the Petitioner No. 1. Accordingly, the proceedings of G.R. Case No. 92(s) of 2020 pending in the court of the learned Judicial Magistrate First Class, Shillong Smti D.M.K. Shadap is hereby quashed and bail bond executed if any stands discharged against the accused therein. Matter is hereby disposed.”
Judgment reviewed by Bipasha Kundu