Criminal Misc. No. M-14104 of 2011 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-14104 of 2011
Date of Decision: 9.5.2011
Chander Shekhar
...Petitioner
Versus
State of Punjab and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Rajiv Kumar Trikha, Advocate
for the petitioner.
Kanwaljit Singh Ahluwalia, J. (Oral)
In the present petition, a prayer has been made that case FIR
No. 174 dated 25.11.2010, registered at Police Station Garhshankar,
under Sections 304-A, 279, 337 and 338 IPC be quashed as
compromise has been arrived at between the petitioner and legal heirs
of deceased Chanan Kaur.
This Court cannot take compromise into consideration for
quashing of the impugned FIR as the aggrieved person is none else but
deceased. In Puttaswamy v. State of Karnataka and Another (2009)
1 Supreme Court Cases 711, it was held that for the offence under
Section 304-A IPC, compromise cannot be taken into consideration for
dropping the proceedings. However, the compromise can always be
taken into consideration while considering the sentence.
Criminal Misc. No. M-14104 of 2011 2
I have no doubt that in case reliance is placed upon
Puttaswamy’s case, the trial Court, while considering the quantum of
sentence, shall act sympathetically and liberally as per the mandate of
law laid down in the above said case.
With the observations made above, the present petition is
disposed of.
(Kanwaljit Singh Ahluwalia)
Judge
May 9, 2011
“DK”