Criminal Misc. No. M-14904 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-14904 of 2011 Date of Decision: 16.5.2011 Naveen Sikka …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. H.S. Dhandi, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. praying that case FIR No. 48 dated 24.2.2007, registered at Police Station Shimlapuri, District Ludhiana, under Sections 279, 337, 338, 427 IPC, wherein lateron offence under Section 304-A IPC has been added, be quashed on the basis of compromise dated 30.4.2011 (Annexure P2). This Court will be hesitant to take compromise (Annexure P2) into consideration as the aggrieved person is none else but the deceased. If the family members of the deceased have been compensated in monetary terms and some solace has been provided to them by the accused, then it can be considered as a mitigating circumstance by the trial Court, while determining the quantum of sentence. Hon'ble the Apex Court in Puttaswamy v. State of Criminal Misc. No. M-14904 of 2011 2 Karnataka and Another (2009) 1 Supreme Court Cases 711, has taken the compromise into consideration as mitigating circumstance while determining the quantum of sentence. This Court has no doubt that in case the factum of compromise is brought into the notice of the trial Court, the same shall act in accordance with the ratio of law laid down in Puttaswamy's case (supra) while determining the quantum of sentence. With the observations made above, the present petition is disposed of. However, the observations made above shall not eclipse the rights of the petitioner to urge his case on merits. (Kanwaljit Singh Ahluwalia) Judge May 16, 2011 “DK”