Power of the High Court for Quashing of Non-Compoundable Offences
For Quashing of Non-Compoundable Offences a petition filed in the High Court under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing of FIR filed under Section 304A of the Indian Penal Code, Code, 1860 (‘IPC’) and all other consequential proceedings emanating therefrom including the chargesheet .
Intention and knowledge -Quashing of Non-Compoundable Offences
It is important to note that whether there was intention to cause death or knowledge that such an act would cause death are important factors. Also it is important to note that the essential elements under Section 304-A are Negligence and rashness.
Provision of 304 A IPC given as under-
“304A. Causing death by negligence.–Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
Landmark judgments-Quashing of Non-Compoundable Offences
Rathnashalvan v. State of Karnataka, (2007) 3 SCC 474,
Iris Park Leisures Pvt. Ltd. v. State of Delhi and Ors., 2011 SCC OnLine Del 5545
In Satyam Kaushik v. State and Ors., 2015 SCC OnLine Del 8108 (dated 13.03.2015), a learned Single Judge of this Court quashed an FIR under Section 279/304A of the IPC, as there was no culpable negligence and also a settlement had been arrived at between the parties .
Bhajan Lal Sharma v. State (Govt. of NCT of Delhi), 2016 SCC OnLine Del 4234 (dated 01.08.2016)
conclusion-Quashing of Non-Compoundable Offences
Recently the Hon’ble High Court of Delhi in SUNIL MALHOTRA & ANR. versus THE STATE NCT OF DELHI & ANR. In
+ CRL.M.C. 2167/2023 & CRL.M.A. 8194/2023 (Stay) judgment Pronounced on 22nd November, 2023 is a good reference for landmark judgments in cases of quashing of FIR filed under 304A of IPC .
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