Introduction:

In a significant ruling, the Punjab and Haryana High Court, led by Justice Harsh Bunger, asserts the rights of animals by refusing to quash an FIR despite a compromise between the parties. The case involves a bus driver booked for killing and injuring buffaloes through rash and negligent driving. Justice Bunger emphasized that animals, though mute, possess the right to bodily integrity, honor, and dignity. The court’s decision stems from the principle that society must advocate for the welfare of animals, acknowledging their emotions, basic needs, and right to life.

Arguments of Both Sides:

The accused, a bus driver, sought to quash the FIR based on a compromise with the complainant, the owner of the buffaloes. The petitioner argued that the matter had been settled between the parties, and the court should exercise its power under Section 482 of the CrPC to quash the FIR. On the other side, the prosecution, represented by Additional A.G. Punjab Sanjeev Soni, opposed the quashing, emphasizing the importance of protecting animal rights and citing the inherent right of every species to live.

Court’s Judgement:

Justice Bunger, drawing on the precedent set in Karnail Singh v. State of Haryana, underlined that animals have honor and dignity, and their rights must be protected by law. Refusing to quash the FIR, the court stated that animals cannot be treated merely as property, and cruelty to them causes psychological pain. The judge noted that the allegation against the petitioner involved rash and negligent driving, resulting in the death of one buffalo and injury to another. The court asserted that compromise alone would not justify quashing the FIR, highlighting the societal responsibility to advocate for animals.