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”