The Kerala High Court has held in Mohammed Ashraf vs State of Kerala, that an offence of death, resulting from rash driving caused by drunken, negligent or adventurous drivers cannot be quashed based on the compromise subsequently entered between the parties.
Justice Raja Vijayaraghavan, observed that the nature of offence under section 304 A committed by accused or petitioner were not personal or private in nature and so could not be settled by way of compromise between the parties. Hence the said offence, could not be quashed by exercising the inherent power of the court under Section 482 Cr.P.C. The court noted that taking a lenient view for an offence under Section 304A of IPC, will leave a wrong impression about the criminal justice system and will encourage further criminal acts.
By – Dhriti Sharma