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Offence under IPC if not private in nature cannot be quashed through comprise

The Punjab and Haryana High Court has held that criminal proceedings against an accused under Section 304 cannot be quashed by invoking inherent powers under Section 482 of Criminal Procedure Code on the basis of settlement/compromise arrived at between the accused and the legal heirs/representatives of the person who has lost his life in the accident. The division bench comprising of Justices Mahesh Grover and Lisa Gill also observed that the offence under Section 304-A IPC is not private in nature and answered the reference to it in negative. SECTION 304A IPC NOT PRIVATE IN NATURE Dismissing the argument that Section 304A IPC is private in nature, the bench said “It would indeed be paradoxical and incorrect to hold that the offence Under Section 304-A is private in nature. Its serious impact on society is not subject to understatement. When a person or persons lose their life/lives due to the rash and negligent act of the accused, the question of mens rea or intention in such a situa...