Criminal Justice Not Purchasable Commodity: Meghalaya High Court Rejects Monetary Settlements In Fatal Negligence Cases
Image By: Kausik Roy
The Meghalaya High Court dismissed a petition seeking quashing of an FIR under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, holding that offences involving death due to rash and negligent driving can't be quashed merely based on compromise with the deceased's legal heirs.
The Court emphasized that allowing such compromises would erode public confidence in the justice delivery system and reduce criminal law to a negotiable instrument in the hands of those with financial means.
Chief Justice Revati Mohite Dere remarked that: “Criminal justice system is not a purchasable commodity. Where there are serious public wrongs and where the society as a whole, has a stake, the justice delivery system cannot be put at naught by the accused, only because of his/her financial capacity/position in society.”
The Court further clarified that: “Section 106 (1) of the BNS is not compoundable and as such, parties cannot settle the said offence through compromise either privately or with the permission of the court”.
Background:
The petitioner approached the Court under Section 528 of the BNSS, 2023 seeking quashing of an FIR registered at Rynjah Police Station, Shillong, for offences under Sections 106(1), 125(b) and 281 of the BNS.
The case arose from a road accident in which the petitioner's vehicle allegedly went to the wrong side of the road and collided with a scooty driven by the deceased.
During pendency of proceedings, the petitioner and the legal heirs of the deceased settled the matter and sought quashing.
The central question before the court was “whether the criminal proceeding under Section 106 (1) of the BNS can be quashed on the basis of the compromise arrived at by the legal heirs of the deceased”?
Case Name: Flamingstar Sohkhlet v/s State of Meghalaya
Case No.: Crl.Petn. No.67 of 2025
Date of Decision: 09.02.2026
For the petitioner: Mr N.M. Mansuri, Adv.
For the Respondent: Mr K.P. Bhattacharjee, GA, Ms A.P. Kharsahnoh, Adv. [for R2&3]