IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-23304 of 2008 Date of Decision:- 30.11.2011 Charanjeet Singh ....Petitioner(s) vs. State of Punjab and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Hemant Saini, Advocate, for the petitioner. Mr.Vishal Munjal, Addl.AG, Punjab. Mr.Malkeet Singh, Advocate, for respondent No.2. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in the present petition is for quashing of FIR No.100 dated 17.4.2004 registered under Section 304-A, 279, 337, 338, 427 IPC at Police Station Jandiala, District Majitha on the basis of a compromise entered into between the parties during the pendency of trial. It is the contention of the counsel for the petitioner that an unfortunate accident took place between the car which was driven by the petitioner when it hit the motorcycle being driven by Paramjit Singh on which Tarsem Singh was the pillion rider. In the said accident, Paramjit Singh was injured and Tarsem Singh, father of Paramjit Singh died. Efforts before the registration of the FIR were also made for effecting a compromise but as the same failed at that stage, proceedings against the petitioner were initiated. FIR was registered against the petitioner Crl.Misc.No.M-23304 of 2008 -2- leading to the filing of challan and the trial. He contends that in the meanwhile, legal representatives of Tarsem Singh, namely, Paramjit Singh, Rachhpal Singh, Jaspal Singh, Rinku sons of Tarsem Singh and Sarabjit Kaur, daughter and Smt.Darshana Devi, widow of the deceased filed a claim petition under the Motor Vehicles Act and claimed compensation. The Motor Accidents Claims Tribunal vide its award dated 12.8.2009 granted compensation amounting to ` 8,33,700/- to the legal heirs of deceased Tarsem Singh and ` 3,01,226/- to injured Paramjit Singh. He contends that a compromise thereafter has been entered into between the legal heirs of Tarsem Singh, which also included Paramjit Singh one of the injured in the accident, according to which a lump-sum of ` 1,75,000/- has been paid by the petitioner to the legal heirs of Tarsem Singh in addition to the award amount. On the basis of the compromise, affidavits have been filed by Smt.Darshna ( widow), Sarabjit Kaur (daughter) and Rachhpal Singh, Jaspal Singh, Paramjit Singh and Rinku, sons of Tarsem Singh (deceased) in this Court wherein they have admitted the factum of compromise entered into between the parties and stated that they have no objection to the quashing of the FIR and all consequential proceedings arising therefrom. He, on this basis, prays for the present petition to be allowed by quashing the FIR in question along with all consequential proceedings arising therefrom. Counsel for the respondent-Paramjit Singh as also the legal heirs of deceased Tarsem Singh does not dispute the assertion as made by the counsel for the petitioner. He states that in the light of the affidavits Crl.Misc.No.M-23304 of 2008 -3- filed by the aggrieved persons wherein they have expressed their willingness not to oppose the quashing of the FIR and all consequential proceedings arising therefrom, the present petition may be allowed. I have heard counsel for the parties and have gone through the records of the case. The facts as narrated above by the counsel for the petitioner and not disputed by the counsel for the respondent are correct as per the records. The affidavits of all the legal heirs of deceased Tarsem Singh are on record wherein they have admitted the factum of compromise and have also stated that they have no objection to the quashing of the FIR and all consequential proceedings arising therefrom in the light of the compromise. The matter having been amicably resolved between the parties and it being an unfortunate accident which took place leading to the death of Tarsem Singh and injury to Paramjit Singh, the continuation of the present proceedings on the basis of the FIR registered against the petitioner would not be conducive to the interest of the parties. In view of the compromise entered into between the parties and no objection expressed by the legal heirs of deceased Tarsem Singh and Paramjit Singh injured himself, the present petition is allowed. FIR No.100 dated 17.4.2004 registered under Section 304-A, 279, 337, 338, 427 IPC at Police Station Jandiala, District Majitha and all consequential proceedings arising therefrom are hereby quashed. November 30, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE