IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-17728 of 2011 (O&M) Date of decision: 2nd June, 2011 Iqbal Singh … Petitioner Versus State of Punjab and another … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Preetwinder Singh Dhaliwal, Advocate for the petitioners. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.107 dated 29.08.2010 (Annexure P-1) registered at Police Station Tapa, District Barnala under Sections 279, 304-A and 427 IPC on the basis of a compromise (Annexure P-2) dated 21st May, 2011. This Court has always held a view that in a case under Section 304-A IPC, the aggrieved person being the deceased, the FIR cannot be quashed on the basis of a compromise. Furthermore, in ‘Puttaswamy v. State of Karnataka and another’ (2009) 1 SCC 711, it has been held that a compromise can be taken into consideration as a mitigating circumstance while determining the quantum of sentence. Thus, in the present case the impugned FIR (Annexure P-1) cannot be quashed on the basis of compromise (Annexure P-2). However, this court has no doubt that in case the factum of compromise is brought into the Criminal Misc. No. M-17728 of 2011 (O&M) notice of the trial Court, it will take the same as a mitigating circumstance. The petitioner, if so advised, may cite the case law before the trial Court to urge that on the basis of compromise, he is entitled to a heavy reduction in the sentence or grant of probation. As and when such a case law is cited before the trial Court, the case of the petitioner shall be dealt with and decided by it in accordance with the provisions of law. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE June 2, 2011 rps 2