Criminal Misc. No. M-2521 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-2521 of 2011 Date of decision:-20.5.2011 Rishi Kapur ...Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sandeep Arora, Advocate for the petitioner. Mr. Vishal Munjal, Addl.A.G. Punjab for respondent No.1-State. Mr. G.S. Rawat, Advocate for respondent No.2. RITU BAHRI J.(Oral) The petitioner has sought quashing of FIR No.145 dated 08.11.2009 under Section 304-A IPC, registered at Police Station Lambra, District Jalandhar on the basis of compromise. On 08.11.2009 the complainant-respondent No.2 alongwith Gobind were going to Khambra on motor-cycle, which was being driven by Gobind. When they reached near Adda Tajpur at that time Gobind had a telephone call due to which he stopped the motor-cycle and parked the same on the left side of the road and started attending the telephone call by standing on kachha road. Meanwhile, a black colour Indica Car came from Lambra at a very high speed and struck in straight to the motor-cycle of Gobind and due to which Gobind took high jump and fell on the front wind screen of the car. Gobind died on the spot. Criminal Misc. No. M-2521 of 2011 -2- In the above background the FIR was registered. Due to intervention of Panchayat, the matter was compromised and petitioner was agreed to pay a sum of Rs.70,000/-. The written compromise was effected between the parties on 16.3.2010. In compliance of order dated 27.1.2011 status report has been submitted by the Judicial Magistrate 1st Class, Jalandhar. Statement of complainant Kuldeep Singh Gill has been recorded that he has compromised the matter and has no objection if the FIR in question is quashed. Father of deceased Gobind namely Lakhwinder Singh is present in the Court and identified by his counsel. Respondent No.2 has tendered the affidavit of Lakhwinder Singh, father of the deceased. As per this affidavit, he has received Rs.70,000/- from the petitioner and the matter has been compromised. The case of MACT is also pending in the Court of Sessions Judge, Jalandhar. In the interest of justice, petitioner is directed to give Rs.20,000/- as compensation to father of the deceased. Broad guidelines have been laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052 and Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 for quashing the prosecution when parties entered into compromise. Consequently, in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab (supra) and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another (supra), FIR No.145 dated 08.11.2009 under Section 304-A IPC, registered at Police Station Lambra, District Jalandhar, is quashed with all consequential proceedings arising therefrom qua petitioner. Criminal Misc. No. M-2521 of 2011 -3- The petition under MACT, which is pending in the Court of Sessions Judge, Jalandhar will not be bound by this compromise effected by father of the deceased as this is only qua quashing of the aforesaid FIR. The petition stands disposed of accordingly. May 20, 2011 ( RITU BAHRI ) Vijay Asija JUDGE