Court Rules Compromise Inadequate for Quashing FIR in Cases Involving Death Due to Negligence
In a significant ruling, the Punjab and Haryana High Court, presided over by Mr. Justice Sumeet Goel, has denied a petition seeking the quashing of an FIR filed under Section 304A of the Indian Penal Code (IPC) for a workplace accident resulting in fatalities. The case, titled Pradeep Kumar Tomar v. State of Haryana, involved a petition by the accused seeking to quash the FIR based on a compromise with the legal heirs of the deceased. The court emphasized that offences involving death due to negligence are not merely private disputes but are crimes against society, thus cannot be quashed solely on the basis of a compromise.
The incident, which occurred at a factory site, resulted in the death of two workers due to an alleged structural collapse. Despite the accused's claims of non-involvement in supervisory or managerial roles and the subsequent financial assistance provided to the victims' families, the court held that the inherent powers under Section 482 of the Criminal Procedure Code must be exercised sparingly, particularly in cases with significant societal impact.
The court further cited precedents from the Supreme Court, reinforcing that offences with serious implications for public safety cannot be resolved privately through settlements. The judgment underscores the judiciary's role in maintaining the rule of law and public confidence in the justice system, asserting that settlements in such cases could undermine the severity of the crime and its repercussions on society.
Bottom Line:
Quashing of FIR under Section 304A IPC cannot be granted solely on the basis of a compromise between the accused and the complainant/legal heirs of the deceased, as offences involving death due to negligence are considered crimes against society and not just private disputes.
Statutory provision(s): Indian Penal Code Section 304A, Criminal Procedure Code Section 482, Section 173 Cr.P.C.
Pradeep Kumar Tomar v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2855805
