PANKAJ SASNI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of FIR No. 89 of 2020, dated 29.06.2020, registered under Sections 279 and 337 of the Indian Penal Code, at Police Chowki Chadiyar, Police Station Baijnath, District Kangra, H.P. as well as consequential criminal proceedings, pending before the learned Trial Court on the ground that the matter stands compromised between the complainant/victim and the accused/petitioner and as the complainant/victim is no more interested in pursuing the FIR as well as criminal case, in the interest of justice, this petition be allowed and the FIR in question as also the subsequent criminal proceedings be quashed.

(2.) Having heard learned Counsel for the petitioner, in my considered view, it is high time that the discretionary power vested in this Court under Section 482 of the Code of Criminal Procedure is not exercised for quashing of FIR which stands registered under Section 279 of the Indian Penal Code. This I say so for the reason that this Court can take judicial notice of the fact that cases of rash and negligent driving are on the rise and quashing of such like cases/FIRs by this Court on the ground that compromise has been arrived at between the parties is acting as a catalyst in increase of the cases of rash and negligent driving as now the violators of law feel that such like cases can be put to an end by compromising the same with the complainant/victim and approaching this Court for quashing of the FIRs.

(3.) Learned Counsel for the petitioner submits that in umpteen number of cases, such like FIRs have been quashed by this Court. I add to this submission of learned Counsel by placing on record the fact that this Bench itself in many cases has quashed FIRs registered under Section 279 of the Indian Penal Code but the Bench now realizes that may be this is not the correct course because as I have already observed hereinabove that taking into consideration the rise in the number of cases of rash and negligent driving, the power of quashing the FIR has to be exercised extremely sparsely and with caution and may be not in the FIRs which stand registered under Section 279 of the Indian Penal Code.