Criminal Revision No. 331 of 1999 (O&M) 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 331 of 1999 (O&M) Date of Decision: 5.3.2008. Satbir Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Jasdeep Singh Gill, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. Civil Misc. No. 10563 of 2008 Application is allowed subject to just exceptions. Civil Misc. No. 10562 of 2008 Application is allowed. Order dated 29.9.2001 passed by the Presiding Officer, Lok Adalat, Jalandhar (Annexure P5) is taken on record. Criminal Revision No. 331 of 1999 Mr. Jasdeep Singh Gill, Advocate, appearing for petitioner at the outset has stated that he will not contest the conviction of petitioner and will submit no argument on merits and, therefore, this Court need Criminal Revision No. 331 of 1999 (O&M) 2 not go into the facts of this case when in the Lok Adalat held on 29.9.2001, parties had effected a compromise and the following order was passed:- “Present: Parities with counsel The parties have effected compromise. Statements of the parties and their counsels have been recorded separately. In view of the statements the parties, an award of Rs.1 lac is passed in favour of the claimants in equal shares. The amount of Rs.50,000/- has been paid to Ranjit Kaur in cash today. The amount of the share of claimant No.2 be deposited and be paid to claimant No.1. The claim petition stands fully satisfied. File be sent back to the Court concerned for consignment. Sd/- Presiding Officer 29.9.2K1”. The above stated compromise was effected by the wife and son of deceased Gurpal Singh with the petitioner in a claim petition preferred by legal heirs of deceased under the Motor Accident Claims Tribunal, Jalandhar. This Court need not to take award of Lok Adalat into consideration as Motor Accident Claims Tribunal and criminal Court adjudicate in their different spheres. However, the fact that the parties have compromised for a limited purpose can be construed as mitigating circumstance. Petitioner was tried in a case FIR No. 76 dated 27.6.1996 registered at Police Station Phillaur, District Jalandhar, under Sections Criminal Revision No. 331 of 1999 (O&M) 3 304-A, 427, 279 IPC. Complainant Sukhwinder Singh son of Gurpal Singh, deceased, stated that on 23.6.1996, he along with his father Gurpal Singh was going on a Bajaj Chetak scooter and his father was pillion rider. It is stated that at that time Maruti Car being driven by the petitioner came at a very fast speed and in a rash & negligent manner, and hit the scooter, due to which they suffered injuries and his father died due to the said injuries. Since learned counsel has stated that he will not contest the conviction of petitioner, he has raised following arguments for reduction of sentence:- “a) It has been contended that as per Annexure P5, parties have compromised; b) Petitioner is a young man aged about 29 years. His marriage has been fixed and he is to be married next month; c) It has been further stated that the petitioner has undergone about 35 days of his actual sentence: And d) It has been further stated that over and above the compensation awarded by the Lok Adalat in view of the compromise, petitioner is again ready and willing to compensate the family of deceased. Taking into consideration the submissions made by learned counsel for the petitioner, ends of justice will be met in case the sentence of petitioner is reduced to already undergone and sentence of Criminal Revision No. 331 of 1999 (O&M) 4 fine is enhanced to Rs.35,000/-. The same shall be deposited within three months in the learned trial Court and the same shall be disbursed to the legal heirs of the deceased. Therefore, it is ordered that sentence of petitioner is reduced to already undergone, subject to payment of enhanced payment of fine i.e. Rs.35,000/-. In case the amount of fine is not deposited the present revision petition shall stand dismissed and no benefit of reduction of sentence shall accrue to the petitioner. The present revision petition is disposed off in above terms. (Kanwaljit Singh Ahluwalia) Judge March 5, 2008 “DK”