Criminal Misc. No. M-15378 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-15378 of 2011 Date of Decision: 18.5.2011 Dr. Gurdev Singh and Another …Petitioners Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Parminder Singh, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) In the present petition, a prayer has been made that case FIR No. 91 dated 10.10.2000 registered at Police Station Dayalpura, District Bathinda, under Section 304-A IPC and Section 15 of the Indian Medical Council Act, 1956, be quashed along with all the subsequent proceedings. It is not disputed that the petitioners were tried and convicted by the Court of Sub Divisional Judicial Magistrate, Talwandi Sabo, vide its judgment dated 15.1.2007 (Annexure P2). Aggrieved against the same, the petitioners have filed an appeal, which is pending in the Court of Additional Sessions Judge, Bathinda. It is stated that during pendency of the appeal, a compromise (Annexure P3) has been arrived at between the parties. This Court is of the view that once the petitioners have been Criminal Misc. No. M-15378 of 2011 2 convicted, the compromise cannot be taken into consideration for quashing the proceedings, however, the same can be construed as a mitigating circumstance by the Court, while considering reduction in the sentence or grant of probation. This Court has no doubt that in case the factum of compromise is brought into notice of the Appellate Court, the same shall be considered as a mitigating circumstance in consonance with the law relied by counsel for the petitioners. However, the fact that a compromise has been arrived at between the parties will not preclude the petitioners to urge their case, on merits, before the Appellate Court. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge May 18, 2011 “DK”