FIR for Death by Negligence Quashed as Court Acknowledges Genuine Settlement and Socio-Economic Factors
In a significant ruling, the Punjab and Haryana High Court quashed the First Information Report (FIR) registered against Reshma, accused of causing death by negligence under Section 106 of the Bharatiya Nyaya Sanhita, 2023. The decision was based on a genuine compromise reached between the involved parties, emphasizing the socio-economic conditions and the accidental nature of the incident.
The case stemmed from an unfortunate incident where Nek Ram's motorcycle collided with a car after a buffalo, struck by Reshma, veered onto the road. This tragic event resulted in severe injuries to Nek Ram's family and the death of his son. Initially, the FIR was filed against Reshma, but a subsequent Panchayat meeting facilitated a compromise, leading to a petition for quashing the FIR.
Presiding Judge Vinod S. Bhardwaj underscored the importance of practical realities, such as Reshma's socio-economic background and the absence of malice or public disturbance in the incident. The court referenced precedents, including the Supreme Court's directives on quashing FIRs in cases of personal disputes that do not serve the public interest when continued.
The High Court's decision took into account the Judicial Magistrate's report, which confirmed the voluntary and genuine nature of the compromise without any coercion. The court concluded that the continuation of proceedings would be futile, with little likelihood of conviction, thereby conserving judicial resources.
This judgment aligns with the Supreme Court's guidance on utilizing inherent powers to secure justice and prevent process abuse, especially in cases lacking substantial public interest or societal impact.
Bottom Line:
FIR under Section 106 of Bharatiya Nyaya Sanhita, 2023 quashed based on a genuine compromise between parties. Court considered practical realities such as socio-economic conditions of accused, lack of public interest in continuation of proceedings, and futility of judicial time with no likelihood of conviction.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 106, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Reshma v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2833599
