Punjab and Haryana High Court Quashes FIR in Accident Case Following Compromise

FIR under IPC Sections 279, 304A, and 337 quashed as parties reach settlement; court emphasizes the non-heinous nature of the offence.

In a notable development, the Punjab and Haryana High Court has quashed an FIR against Tushar, following a compromise between the involved parties. The case, registered under Sections 279, 304A, and 337 of the Indian Penal Code, pertained to a road accident that resulted in the unfortunate death of Parvez Ali's father. The court's decision, delivered by Justice Vinod S. Bhardwaj, emphasized that the offences were not heinous in nature nor did they involve mental depravity, thus allowing the case to be resolved through mutual agreement.

The incident occurred on September 10, 2023, when a Bollero car, allegedly driven negligently by Tushar, collided with a tractor trolley, leading to a fatal accident. A subsequent FIR was filed, but both parties reached a compromise on October 24, 2024. The court was petitioned to quash the FIR on the basis of this compromise, a request that was supported by reports from the Judicial Magistrate and agreed upon by the state counsel.

Justice Bhardwaj highlighted the principles set by the Supreme Court in previous cases, including Parbatbhai Aahir v. State of Gujarat, which allow for the quashing of FIRs in non-heinous offences where a compromise is reached. The judgment underlined the accidental and non-premeditated nature of the incident, the absence of criminal intent, and the lack of any public interest in continuing the proceedings.

The court noted that Tushar had no prior criminal record and was not involved in any further unlawful activities. Given his young age, the continuation of criminal proceedings was deemed potentially damaging to his future prospects. Consequently, the High Court concluded that pursuing the case would not serve any larger public purpose and instead would waste judicial resources.

The FIR was quashed with the stipulation that Tushar deposits a cost of Rs. 20,000 with the designated health services fund within two months. This decision underscores the court's approach to balancing legal procedures with practical resolutions in cases where the offence does not impact public conscience or societal morality.

Bottom Line:

FIR under Sections 279, 304A, and 337 IPC can be quashed on the basis of a compromise between parties if the offence does not qualify as heinous or involving mental depravity, and continuation of proceedings serves no public purpose.

Statutory provision(s): Sections 279, 304A, 337 of IPC, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Tushar v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2819392