Parminder Singh v. State of Punjab & Anr.

CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. H.N.S. Gill, Advocate for the petitioner. Mr. Punish Kumar, AAG, Punjab for respondent No. 1 Ms. Simranjeet Kaur, Advocate for the complainant/respondent No. 2 **** RITU BAHRI , J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing FIR No.470 dated 6.12.2008, under Sections 279, 337 and 304-A of the Indian Penal Code, registered at Police Station Phase-I, SAS Nagar, Mohali (Annexure P-1), and all the subsequent proceeding arising therefrom, on the basis of compromise (Annexure P-2). The instant FIR was registered on the statement of Dalbir Singh, complainant, wherein it has been stated that on 06.12.2008 he along with his wife and brother-in-law namely Rajinder Singh was waiting for the auto on the footpath near the road towards Phase 2/4. In the meantime, a Zen car bearing registration No.CH-01V/3059, which was being driven by Parminder Singh, in a rash and negligent manner, hit his two daughters.

In the accident, two daughters of the complainant suffered Crl. Misc. No. M- 4240 of 2011 -2- injuries. Thereafter, they were taken to the hospital for treatment, where they were declared dead. In the above background, the FIR was registered against the petitioner, who was the driver of the car in question. However, during the pendency of trial, both the parties arrived at a compromise with the intervention of the respectable persons (Annexure P2). A claim petition under Section 166 of Motor Vehicles Act, 1988 was filed by respondent no.2, which has been decided on 16.07.2010. In that claim petition, an Award of Rs.5.00 lacs as compensation along with interest @ 8% per annum was passed. In compliance of the order dated 10.02.2011, the parties were directed to appear before the trial Court and get their statements recorded. Status report has been submitted with regard to the validity of compromise.

As per the report of Sub Divisional Judicial Magistrate, Mohali, the compromise has been effected in between the complainant and accused. As per the statement, there is no compromise with Smt. Long Siri, who was one of the injured, and charge under Section 338 of the Indian Penal Code was framed against the accused, for causing grievous hurt. The compromise between Dalbir Singh, complainant and Parminder Singh, accused is held to be genuine without any pressure or coercion. In view of the compromise arrived at between the parties, the trial is likely to result into acquittal and continuous proceedings against the petitioner will be wastage of time. As per judgment Parambir Singh Gill versus Malkiat Kaur RCR (Criminal) 2010(1) 256, out of seven accused, complainant entered into compromise with one accused and proceedings qua that one accused only quashed by High Court in exercise of inherent power under Section 482 Cr.P.C as well as the law laid down by the Full Crl.