Meghalaya High Court
Gary Synroplang Doonai Ranee vs . State Of Meghalaya on 2 December, 2021
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No.05
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.Petn. No. 71 of 2021
Date of Decision: 02.12.2021
Gary Synroplang Doonai Ranee Vs. State of Meghalaya
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. Philemon Nongbri, Adv.
For the Respondent(s) : Mr. H. Kharmih, Addl. Sr. GA.
Mr. S. Sengupta, Addl. Sr. GA. for R 1 Ms. D. Thangkhiew, Adv.
Ms. N. M. Kharshemlang, Adv. for R 2.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
1. This is an application under Section 432 Cr.P.C preferred by the petitioner herein with a prayer to quash the FIR dated 12.10.2020 and the corresponding criminal Case being GR Case No.195 (A) 2020 pending in the court of learned Judicial Magistrate First Class, Shillong.
2. Facts as could be ascertained from the body of this application is that on 10.10.2020 at around 7:00 P.M. at FCI Main Gate Mawlai, Shillong, the petitioner was riding a Scooty bearing Registration No. ML-05-R-9159 met with an accident in which Shri Rinelson Marbaniang, the father of respondent No. 2 was knocked down, as a result of which he suffered multiple injuries on 1 his person. In this connection, an FIR dated 12.10.2020 was lodged before the officer-in-Charge, Sadar Traffic Branch, Shillong which was accordingly registered as Shillong Sadar PS Case No. 247(10)2020 under Section 279/337/338 IPC.
3. The petitioner was arrested in connection with the said case and on execution of a bail bond was enlarged on bail. The said Scooty as well as the related documents have all been seized by the police. The said Scooty was however released on zimma by the Investigating Officer on 14.10.2020.
4. In the meantime, the injured victim was hospitalized at Super Care Hospital for a period of 1(one) month and 13(thirteen) days after which he was discharged and with an advice to continue home treatment and to come for regular check up when required. However, the said victim expired on 20.12.2020.
5. It may be mentioned that the entire expenses incurred by the respondent No. 2 for the treatment of the said victim amounting to ₹.17,00,000/- (Rupees Seventeen lakhs) only was paid by the petitioner to the respondent No. 2, a receipt dated 26.04.2021 of which was issued to him.
6. Again, the petitioner and the respondent No. 2 have come to terms with each other and in this regard has executed compromise agreement dated 26.04.2021, notable features of which includes the on conditional apology of the petitioner to the family of the said victim and secondly, the undertaking given by the petitioner to bear all the expenses related to the treatment of the victim, which on calculation as stated above comes to ₹.17,00,000/- (Rupees Seventeen lakh) only.
7. The respondent No. 2 and the family of the victim on her part as Second Party to the said compromise deed, has agreed to withdraw the FIR dated 12.10.2020.
8. It may be pointed out that on investigation being completed in the said 2 Shillong Sadar PS Case No. 247(10)2020 under Sections 279/337/338 IPC, the I/O has filed the final report and charge sheet No. 7/2020 dated 14.12.2020 and the matter was taken cognizance by the learned Judicial Magistrate First Class, Shillong in GR Case No. 195(A) 2020.
9. Heard Mr. Philemon Nongbri, learned counsel for the petitioner, who has submitted that facts as stated above being correct the proceedings in the said GR Case No. 195(A)2020 has started by issuance of a summons dated 04.03.2021 to the petitioner herein. In spite of the parties having settled the matter amicably, fructifying in the said compromise deed, it is noticed that those Sections 337 and 338 IPC are compoundable however, the Trial Court could not accept the prayer of the petitioner for quashing of the proceedings upon compromise between the parties as Section 279 IPC is a non- compoundable section. Hence this petition.
10. Mr. Nongbri has further submitted that the Hon'ble Apex Court in the case of Narinder Singh & Ors. Vrs. State of Punjab & Anr: (2014) 6 SCC 466 has laid down principles and guidelines for quashing of FIR on basis of settlement between the parties. Paragraph 29.2 of the same was referred to in this regard.
11. The learned counsel has also referred to a number of cases on the subject passed by this Court in the following cases: -
i) Shri. Derek Randall Jyrwa v. State of Meghalaya & Anr, High Court of Meghalaya, Crl. Petn. No.23 of 2019
ii) Shri. Teilang Nongrum v. State of Meghalaya & Anr, High court of Meghalaya, Crl. Petn. No. 14 of 2020
iii) Shri. Basandorlang Thangkhiew v. State of Meghalaya & Anr, High Court of Meghalaya, Crl. Petn. No. 11 of 2021 and has submitted that the facts and circumstances of this instant case are squarely covered by the above quoted decisions.3
12. It is therefore prayed that this Court may be pleased to exercise its inherent power under Section 482 Cr.P.C and to quash the FIR dated 12.10.2020 as well as the proceedings in GR Case No. 195 (A) 2020.
13. Ms. D. Thangkhiew, learned counsel for respondent No. 2, at the outset, has affirmed the authenticity of the said compromise deed, copy of which was annexed as Annexure-8 to this application and has further submitted that the parties having settled the matter outside court amicably, it would indeed be a futile exercise for the connected criminal case to proceed further, therefore the submission of the learned counsel for the petitioner is hereby endorsed.
14. Mr. H. Kharmih, learned Addl. Sr. GA appearing for the State respondent No. 1 has submitted that on the basis of the submission made by the learned counsel for the petitioner and the fact that the parties have come to an amicable settlement amongst them, perhaps the continuance of the said GR Case No.195 (A) 2020 would not be necessary, and if allowed to continue, would only be a waste of judicial time and expenses, the outcome being already anticipated as one ending in acquittal.
15. This Court on consideration of the submission made and on perusal of the petition in hand, is of the view that the facts as stated above are correct. A motor vehicle accident had occurred involving the petitioner herein and the victim who was the father of respondent No. 2, who, as a result of the injuries sustained had soon expired.
16. It is also a fact that in due process of law, an FIR was lodged to bring to the notice of the competent authority about the factum of the said motor vehicle accident which prompted the initiation of the investigation process and on a prima facie case being established against the petitioner, prayer was made before the Court to allow prosecution of the petitioner under the said section of law indicated above.
17. The process before the Court was continuing until such time that the 4 parties brought to the knowledge of the Court the fact of the compromise arrived at between themselves with a prayer to put an end to the proceedings, however the Trial Court not being competent to compound Section 279 IPC in view of Section 320 Cr.P.C., could not come to the aid of the petitioner, prompting the petitioner to approach this Court.
18. This Court in exercise of its inherent power, is well able to ensure that ends of justices secured or to prevent the abuse of the process of any court and accordingly, in suitable cases where a compromise or settlement is reached between the parties, on the authority of the said guidelines and principles issued by the Hon'ble Supreme Court in the case of Narinder Singh (Supra) particularly with reference to paragraph 29.2 of the same, under the facts and circumstances of the case of the petitioner, deems it appropriate to apply the said principle and to hold that the said FIR and the corresponding proceedings in GR Case No.195 (A) 2020 are hereby set aside and quashed.
19. In view of the above, this application is hereby disposed of.
20. Registry is directed to issue copy of this order to the learned Judicial Magistrate First Class, Shillong in whose board the said GR Case No.195 (A) 2020 is pending for due compliance.
Judge Meghalaya 02.12.2021 "Tiprilynti-PS"
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