Section 482 Cr.P.C deals with the exercise of the power of the Court to essentially prevent abuse of the process of the court, to give effect to an order under the Code and to secure the ends of justice as upheld by the High Court of Meghalaya through the learned bench led by Justice W. Diengdoh in the case of Nail Nolianson Khongwir Vs. State of Meghalaya & Anr. (Crl. Petn. No. 65 of 2021).
The brief fats of the case are that an FIR was lodged by one Shri Santosh Kr. Rai informing the police that a motor vehicle accident occurred on 03.08.2019 at about 7:45 PM or so at the Golf Club, Shillong where his younger brother Master Sagar Kr. Rai aged about 12 years was knocked down by a motor bike, its driver being Shri Nail Nolianson Khongwir. As a result of the said accident, the victim suffered multiple injuries and fractures on his body and was admitted at Super Care Hospital in a critical stage. On receipt of the said FIR, Sadar PS Case No. 166(8) of 2019 u/s 279/337/338 IPC was duly registered. Accordingly, a criminal case was registered and the matter is now pending before the learned Judicial Magistrate First Class at Shillong. In the meantime, the Petitioner and the Respondent No. 2 herein have come to an understanding and compromise amongst themselves and has agreed to settle the matter amicably on the assurance of the Petitioner to settle all the expenses for the treatment of the injured. It may be mentioned that the injured was subsequently discharged from the hospital on 02.09.2019 and all the expenses amounting to ₹ 3,32,443/- was settled by the Petitioner herein. The Petitioner has then approached this Court with an application u/s 482 Cr.P.C with a prayer to quash the FIR and/or to quash the proceedings in the said GR Case No. 354(A)2019.
After the perusal of the facts and hearing the learned counsels, the Hon’ble Court held, “Considering the facts and circumstances of the case, admittedly a motor vehicle accident had occurred involving the Petitioner and the said brother of Respondent No. 2 and as stated the expenses for the treatment of the injured has been borne by the Petitioner for which the parties have amicably reached a compromise in this regard, therefore to secure the ends of justice, which in the opinion of this Court has already been affected by the said compromise deed, there is no bar for this Court to exercise its inherent powers u/s 482 Cr.P.C to bring an end to the proceedings involving the parties herein. Accordingly, this petition is allowed and the proceedings of GR Case No. 354(A)2019 are hereby set aside and quashed. With the above, this petition is hereby disposed.”
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Judgment reviewed by Vandana Ragwani
