Crl. Misc. No.M-33178 of 2010 --1-- IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No.M-33178 of 2010 Date of decision. 10.05.2011 Mander Singh ....... Petitioner Versus State of Punjab and another ........ Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Binderjit Singh, Advocate for the petitioner. Sh. Munish Kumar, AAG, Punjab for respondent No. 1-State **** RITU BAHRI , J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. for quashing FIR No.126 dated 10.11.2008, under Sections 279 and 304-A of the Indian Penal Code, registered at Police Station Dialpura and all the subsequent proceeding arising therefrom, on the basis of compromise (Annexure P-4). The facts in brief are that on 10.11.2008 the complainant alongwith her husband Balkaran Singh was going to attend the marriage at Aman Palace. At about 5.10 PM when Balkaran Singh, husband of the Crl. Misc. No.M-33178 of 2010 --2-- complainant, was returning back to her village Pith , on his motorcycle bearing registration no. PB-31E/7294 and when he reached near bus stand of village Kotha Guru, then a tractor bearing registration no.PB-13-C/5057, which was being driven rashly and negligently by its driver, hit against the motorcycle of her husband. Balkaran Singh, husband of the complainant was died due to this accident. This occurrence was witnessed by the complainant and Gurtej Singh, brother of the complainant, who were followed Balkaran Singh on a motorcycle, at the time of accident. The matter was reported to the police. In view of the above background, the instant FIR was registered against the petitioner. On presentation of the challan in the Court against the accused- petitioner, who was driver of the tractor, in question, charge under Sections 279 and 304-A of the Indian Penal Code were framed against him, to which he pleaded not guilty and claimed trial. During the pendency of the trial, both the parties arrived at a compromise with the intervention of the respectables, friends and relatives of both the parties. During the course of trial, respondent no.2 has given a statement that she has come to the conclusion that the accident in question took place all of a sudden and the accused (now petitioner) did not cause the accident intentionally, malafide or in a planned manner. She has further stated in her statement that she has no objection if the FIR and all the consequential proceedings arising therefrom are quashed. In compliance of the order dated 12.11.2010, the parties were directed to appear before the trial Court and get their statements Crl. Misc. No.M-33178 of 2010 --3-- recorded. Status report has been submitted with regard to the validity of compromise. As per the report of Judicial Magistrate Ist Class, Phul, the statements of parties have been recorded on 26.11.2010. The complainant in her statement has stated before the Court that she has compromised the matter voluntarily and with free consent. Further she has no objection if the FIR, registered against the accused-petitioner be quashed. As per the status report received from the trial Court, the compromise appears to be genuine. Apart from the affidavit of Amarjit Kaur, respondent no.2, the petitioner has placed on record the affidavit of Harbans Kaur , aged 70 years, mother of the deceased and affidavit of Amarjit Kaur, widow of Balkaran Singh on behalf of her minor son namely Iqbalpreet Singh. After going through the affidavits filed by Harbans Kaur and Amarjit Kaur on behalf of her son, this Court is of the opinion that the only legal heirs of Balkaran Singh, deceased have amicably settled the dispute with the petitioner. In view of the compromise arrived at between the parties, the trial is likely to result into acquittal and continuous proceedings against the petitioner will be wastage of time. As per the Hon'ble Supreme Court in Puttaswamy Vs. State of Karnataka & Another 2009(1) RCR(Criminal) 501 wherein after conviction the parties had entered into compromise and granted permission to compound the offence. Consequently, in view of the judgment of the Hon'ble Supreme Court in the case of Puttaswamy Vs. State of Karnataka & Another (supra), the law laid down by the Full Bench of this Court in the case of Crl. Misc. No.M-33178 of 2010 --4-- Kulwinder Singh and others vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, FIR No.126 dated 10.11.2008 under Sections 279 and 304-A of IPC, registered at Police Station Dialpura is quashed with all consequential proceedings arising therefrom qua petitioner. The petition stands disposed of. (RITU BAHRI) JUDGE May 10, 2011 dinesh