The Allahabad High Court observed that it is not right to quash FIR when a cognizable offence has been committed.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Ajai Tyagi passed this order while hearing a Criminal Misc Writ Petition filed by Govind Dwivedi.
The petition has been filed with a prayer to quash the FIR in case under Section 304 IPC, Police Station Sipari Bazar Jhansi, District Jhansi.
As per the FIR, the deceased was an electricity lineman and while he was performing some work of repair, the main line got connected due to which he died due to electric shock.
The FIR is challenged firstly on the ground that two persons had sought for shutdown on the same line and as one of the persons had completed work and had requested resumption of electricity connection, therefore, the electricity was resumed and secondly on the ground that parties have entered into a compromise.
“From a perusal of the record made available, we find that a prima facie cognizable offence is disclosed and the question as to whether there was any negligence or intentional act leading to death of the deceased are all questions to be examined at the stage of investigation/trial. We would not be justified in quashing the FIR in that regard,” the Court observed.
“Considering the nature of offence, we are also not persuaded to consider the prayer for quashing of the FIR on account of alleged compromise between the parties particularly as no specific material in that regard has otherwise been annexed,” the Court said while dismissing the petition.
“Dismissal of the writ petition will not preclude the petitioner from seeking remedy in terms of Section 438/439 of CrPC which shall be examined by the appropriate forum on its own merits and in accordance with law,” the order reads.