Criminal Misc. No. M-6284 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-6284 of 2010(O&M) Date of decision: 04.03.2010 Laddi Kumar ..............Petitioner Versus State of Punjab ................Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present: Mr. S.S.Antal, Advocate, for the petitioner HARBANS LAL,J. This petition has been moved by Laddi Kumar under Section 482 of Cr.P.C. for quashing the F.I.R. No. 77 dated 12.11.2009 (Annexure P-5) under Sections 382/302/201 of the Indian Penal Code, Police Station Ghanaur, District Patiala and also for setting aside all the subsequent proceedings initiated thereunder against the petitioner. The facts in brief are that in the night of 24.4.2009 the petitioner alongwith one Rajesh Kumar alias Sanju (since deceased) son of Krishan Kumar respondent No.2 complainant was going towards Ghanaur on the motorcycle being driven by Rajesh Kumar alias Sanju. They both were in drunken condition. So, Rajesh Kumar alias Sanju lost the control of the motorcycle when the light of another vehicle fell upon them and their motorcycle struck with the wall of Bhakra canal, Sarala Kalan. Due to the impact, Rajesh Kumar alias Sanju fell in the canal across the said wall, whereas the petitioner fell alongwith the road side. Due to this accident, the Criminal Misc. No. M-6284 of 2010(O&M) 2 petitioner received multiple injuries. The police of Police Station Ghanaur initiated proceedings under Section 174 of Cr.P.C. On investigation, it was found that the death of the deceased Rajesh Kumar alias Sanju had been caused due to drowning. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. The learned counsel for the petitioner submitted that the F.I.R. was got registered after seven months of the accident. From a bare perusal of the F.I.R. no offence is made out against the petitioner in any manner whatsoever. The present case is clearly an accident case. No injury was found on the person of the deceased by the doctor while conducting post mortem examination on the dead body of the deceased. The petitioner himself has received injuries in the accident due to which he remained hospitalized from 24.4.2009 to 29.4.2009. The F.I.R. has been lodged by respondent No.2 after due deliberations and consultations with malafide intention to harass the petitioner as well as family members. A compromise has already been arrived at between the parties with the intervention of respectables of the village and no animus or bitterness survives between the parties. On the basis of the panchayati compromise Annexure P-7, the F.I.R. may be quashed. I have given a deep and thoughtful consideration to these submissions. In view of the gravity of offence under Section 302 of the Indian Penal Code, it would not be in the right perspective to quash the F.I.R. on the basis of the compromise. Consequently, this petition is Criminal Misc. No. M-6284 of 2010(O&M) 3 dismissed. Since the main petition has been decided, all pending applications,if any, also stand disposed of. (HARBANS LAL) JUDGE March 4, 2010 RSK NOTE: Whether to be referred to the Reporter or not? Yes/No