VISHAL NARAYANDAS AGARWAL Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. With the consent of the parties made returnable forthwith.

(2.) This petition is directed against the order dated 23/2/2012 passed by the learned Additional Sessions Judge, Mapusa and the order passed by the learned Judicial Magistrate First Class on 14/10/2011 disallowing the application of the petitioner for compounding the offence punishable under section 279 of the I.P.C. The petitioner was driving the vehicle Zen on 7/1/2010 at Agacaim and due to his rash driving dashed one mini bus on its front side and thereby caused damage to the bus and the petitioner who was the driver of the zen also got injured. Except the petitioner, none was injured. Police registered offence against the petitioner. He was charge sheeted and now he is facing a Criminal Case No. I.P.C/S/ 143/10/C before the JMFC, at Panaji. The petitioner got injured himself and filed an application for getting the offence compoundable before the learned JMFC. The Magistrate after considering the provisions under section 320 of the Cr. P.C held that the offence is not falling in either of the schedule and therefore dismissed the said application. The criminal revision application bearing no.100/2011 filed by the petitioner was also dismissed on the same ground by the Addl. Sessions Judge, Mapusa. Hence this petition is filed to set aside and quash the proceedings under section 482 of the Cr. P.C and allow the prayer of compounding the offence.

(3.) The issue raised in this criminal writ petition is whether the offence under section 279 of the I.P.C. though not covered under section 320 of the Cr. P.C. is compoundable or not?.