SANWAL RAM SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In Gian Singh v. State of Punjab, 2012 Cr.L.R. (SC) 883, three Judges Bench of the Hon'ble Supreme Court has held that in offences which are non-compoundable, the High Court may quash the criminal proceedings or criminal complain of F.I.R. to secure the ends of justice if it is satisfied that there is hardly any likelihood of offender being convicted. In cases in which the parties have entered into compromise, F.I.R. or criminal proceedings may be quashed subject to fulfilment of the conditions mentioned above. It has also been held in that judgment that the power to quash the F.I.R. or judicial proceedings of the subordinate Courts should be exercised very sparingly and should not be exercised as against the express bar of law. This ruling which elaborates the powers of the higher Courts under Section 482, Cr.P.C. is quite meaningful but the principles Laid down in this ruling should not be misused.

(2.) In the case in hand, accused-petitioner Sanwal Ram Sharma has filed petition under Section 482, Cr.P.C. in this Court for quashing F.I.R. No. 204/2012 which has been registered against him at the Police Station Mundawar, District Alwar under Section 304 I.P.C. The case relates to death of Mukesh Meghwal Lineman of Alwar. After the death of Mukesh, F.I.R. was lodged by his brother Ghan Shyam under Section 304 I.P.C. and now Ghan Shyam has allegedly submitted an affidavit which has been attested by Notary, Mundawar, District Alwar which states that he lodged the F.I.R. under Section 304 I.P.C. in relation to death of his brother on the basis of hearsay only and now he states in his affidavit that Sanwal Ram had no connection with the death of his brother and his brother had died not because of any fault of Sanwal Ram.

(3.) I have perused the alleged compromise which has been filed in the shape of affidavit and I do not think that it is a case in which benefit of rule propounded by the Hon'ble Supreme Court in the case of Giyan Singh (supra) may be given to the accused. Ghan Shyam was the F.I.R. Lodger in the case but it cannot be said that he is the sole legal representative of deceased Mukesh. It is quite possible that Ghan Shyam may have come to compromise because of some personal ulterior motive.