Case Note & Summary
The petitioner, accused in C.C.No.1058/PS/2016 for offences under Sections 279 and 338 of the Indian Penal Code, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking quashing of the criminal case. The case arose from a hit-and-run accident where the petitioner allegedly drove a vehicle rashly and caused injury to respondent no.5. The petitioner argued that there was no evidence to prove rash or negligent driving, as no eyewitnesses supported the prosecution and the victim himself did not pursue the matter. The petitioner and respondent no.5 had settled the dispute amicably. The State opposed the quashing, but the court noted that the victim did not support the prosecution and there was no material to establish the petitioner's guilt. The court held that continuing the proceedings would be an abuse of the process of law and quashed the case, allowing the petition.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Lack of Evidence - Petitioner sought quashing of criminal case for offences under Sections 279 and 338 IPC - Court held that in the absence of any eyewitness or material to prove rash or negligent driving, and since the victim did not support the prosecution, continuation of proceedings would be an abuse of process of law - Held that the case is fit for quashing (Paras 1-5).
B) Criminal Law - Compromise - Quashing on Compromise - Section 482 CrPC - Non-compoundable offences - Petitioner and respondent no.5 (victim) settled the matter - Court held that since the victim did not support the prosecution and there was no evidence, the compromise can be considered for quashing - Held that the proceedings are quashed (Paras 4-5).
Issue of Consideration
Whether the criminal case against the petitioner for offences under Sections 279 and 338 IPC should be quashed in the absence of evidence and in light of the compromise with the victim.
Final Decision
The petition is allowed. The criminal case C.C.No.1058/PS/2016 pending before the learned Metropolitan Magistrate, 44th Court, Andheri, Mumbai is quashed and set aside.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- Lack of evidence to prove rash or negligent driving
- Compromise with victim as ground for quashing
- Scope of Article 226 of Constitution of India
Case Details
2024 LawText (BOM) (02) 172
Criminal Writ Petition No. 1956 of 2015
A. S. Gadkari, Shyam C. Chandak
Mr. Sachindra B. Shetye a/w. Irfan Shaikh, Sarika Shetye & Mr. Akash S. Pansare for Petitioner; Mr. Vinod Chate, APP for Respondent-State
The State of Maharashtra, Sub Inspector of Police Versova Police Station, Senior Inspector of Police Versova Police Station, Arvind Arjun Mohite, Mr. Nissar Noor Mohammed
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Nature of Litigation
Criminal writ petition seeking quashing of criminal case for offences under Sections 279 and 338 IPC.
Remedy Sought
Petitioner sought quashing of C.C.No.1058/PS/2016 pending before the learned Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Filing Reason
Petitioner was accused in a hit-and-run accident case; she contended that there was no evidence to prove rash or negligent driving and that the victim had settled the matter.
Issues
Whether the criminal case against the petitioner should be quashed under Section 482 CrPC due to lack of evidence and compromise with the victim.
Submissions/Arguments
Petitioner argued that there is no eyewitness or material to prove rash or negligent driving, and the victim has not supported the prosecution.
Respondent-State opposed the quashing, but the court noted that the victim did not support the prosecution.
Ratio Decidendi
In the absence of any eyewitness or material to prove rash or negligent driving, and since the victim did not support the prosecution, continuation of criminal proceedings would be an abuse of the process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
By the present Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, Petitioner, accused in C.C.No.1058/PS/2016 registered for the offences punishable under Sections 279 and 338 of the Indian Penal Code, pending before the learned Metropolitan Magistrate, 44th Court, at Andheri, Mumbai is seeking relief of quashing the said case.
In the absence of any eyewitness or any material to prove that the petitioner was driving the vehicle rashly or negligently and since the victim i.e. respondent no.5 has not supported the prosecution, we are of the opinion that the continuation of the proceedings would be an abuse of process of law. Hence, the case is fit for quashing.
Procedural History
The petitioner filed Criminal Writ Petition No. 1956 of 2015 before the High Court of Judicature at Bombay seeking quashing of C.C.No.1058/PS/2016. The petition was reserved on 1st March 2024 and pronounced on 13th March 2024.
Acts & Sections
- Indian Penal Code, 1860: 279, 338
- Code of Criminal Procedure, 1973: 482
- Constitution of India, 1950: 226
