Court Rules Societal Interest Prevails Over Private Settlement in Cases of Grievous Injury
In a significant ruling, the Gauhati High Court, presided over by Justice Pranjal Das, dismissed a petition seeking to quash criminal proceedings in a case involving grievous injuries, despite a private settlement between the parties involved. The case, titled Maning Baki v. State of AP, centered around an incident where the petitioner, Maning Baki, allegedly caused 44% burn injuries to the victim, leading to charges under Sections 326, 285, and 286 of the Indian Penal Code.
The petitioners, Maning Baki, the accused, and the victim, who had initially filed the FIR, approached the court to quash the ongoing criminal proceedings following an amicable settlement. They argued that the matter pertained to their personal relationship, and continuing the legal proceedings would serve no purpose.
However, the court emphasized the seriousness of the allegations and the societal interest in prosecuting such offences. Justice Das reiterated the principles laid down by the Supreme Court in various judgments, highlighting that offences involving grievous injuries should not be quashed merely on the basis of a private settlement. The court noted that the power to quash proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), previously Section 482 of the Cr.P.C., must be exercised with caution, especially in cases involving serious offences that impact society at large.
The judgment underscored the need to balance individual interests with societal interests, stating that the latter must prevail in cases of serious offences. The court held that despite the settlement between the parties, the prosecution should continue to uphold the integrity of the criminal justice system and serve the broader interests of society.
This decision aligns with the Supreme Court's stance that serious offences, which include grievous injuries, cannot be treated as private disputes and must be prosecuted to ensure justice and deter similar crimes in the future.
Bottom Line :
Exercise of inherent powers to quash criminal proceedings under Section 528 BNSS (earlier Section 482 Cr.P.C.) is not justified in cases involving serious offences causing grievous injuries, even if the parties have reached a settlement.
Statutory provision(s):
528 BNSS, 326 IPC, 285 IPC, 286 IPC, 482 Cr.P.C.
Maning Baki v. State of AP, (Gauhati) : Law Finder Doc id # 2961924
