Allowed

Joginder Singh v. State of Punjab and Ors.

Punjab & Haryana HC9 May 2012CRM-M/28632/2009

Case brief

AI extract

What is this about?

Criminal proceedings for rash and negligent driving causing death were quashed after a compromise was reached between the accused and the legal heirs of the victim, evidenced by their statements recorded before the trial court.

What did the court decide?

FIR 129 dated 21.12.2007 under Sections 283, 427, 304-A IPC and subsequent proceedings arising out of the same were quashed.

Joginder Singh Vs State of Punjab and Ors. — Quashing and FIR | Punjab & Haryana HC (2012)

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CRM No. M 28632 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No. M 28632 of 2009 Date of decision: 09.05.2012

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Joginder Singh ........Petitioner

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Versus

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State of Punjab and others .......Respondent(s)

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Coram: Hon'ble Ms Justice Nirmaljit Kaur

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-.-

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Present: Mr. G S Sullar, Advocate

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for the petitioners

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Mr. K S Sidhu, DAG, Punjab

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None for respondent No. 2 and 3

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-.-

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Whether Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporter or not?

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Whether the judgment should be reported in the Digest?

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Nirmaljit Kaur, J. (Oral)

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This is a petition under Section 482 Cr.P.C. for quashing of FIR 129 dated 21.12.2007 under Section 283, 427, 304-A IPC, Police Station Banur, District Patiala (Annexure P-1) which was got registered at the instance of Satpal-respondent No. 3 against the present petitioner on the basis of the compromise dated 14/15.09.2009 arrived at between the parties. Copy of the same has been placed on record as Annexure P-3 and 4.

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On 19.04.2011, the following order was passed:-

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“In pursuance to the order dated 13.10.2009, Amit Kumar

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CRM No. M 28632 of 2009

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Garg, PCS, Judicial Magistrate Ist Class, Rajpura has sent its report stating therein that the matter has been compromised by the parties voluntarily. However, the said report has been sent without recording the statements of all the legal heirs of the deceased Karam Singh. As such, the matter is sent back to the trial Court with a direction that before submitting the report that the matter has been compromised voluntarily and the same is genuine, the statements of all the legal heirs should also be record.”

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In pursuance of the said order, now, Judicial magistrate Ist Class, Rajpura, has submitted its report stating therein that statements of LRs of Karam Singh (husband of respondent No. 2), namely, Amrik Singh, Baljit Kaur, Bhajan Singh, Ram Saran, who are sons and daughter of Karam Singh deceased have been recorded separately in the Court regarding compromise. They all suffered statements in the similar lines to the effect that they are sons and daughter of Karam Singh deceased and their father died in road accident on 20.12.2007 and have compromised in the said case with accused Joginder Singh. It is also reported that they have also received claim from the Motor Accident Claims Tribunal. Certified copy of the statements suffered by Complainant – Satpal (respondent No.3), Karnail Kaur widow of Karam Singh (respondent No. 2) and Legal heirs of Karam Singh before the trial Court have also been placed on record.

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From the above, it is clear that the parties have amicably compromised the matter and no useful purpose would be served by continuing the criminal proceedings.

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The Full Bench of this Court in the case of Kulwinder Singh and others v. State of Punjab and another- 2007(3) RCR (Criminal) 1052 has observed as under:-

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CRM No. M 28632 of 2009

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“The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduced friction, then it truly is finest hour of justice. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the court exercising its power under Section 482 of the Cr.P.C in the event of a compromise, but this is not to say power is limited to such cases. There can never be any such rigid rules to prescribe the exercise of such power.”

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The Apex Court in the case of ' Madan Mohan Abbot v. State of Punjab' reported as (2008)4 SCC 582 emphasised in para No. 6 as follows:-

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“6. We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”

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Taking into account the allegations, compromise as well as report of the trial Court, authenticating the factum of the said compromise as well as statements of the legal heirs of Karam Singh suffered before the trial Court, there is no impediment in the way of this Court to quash the present FIR and subsequent proceedings arising out of the same in view of

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CRM No. M 28632 of 2009

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the above said settled proposition of law.

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Accordingly, the present petition is allowed and FIR 129 dated

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21.12.2007 under Section 283, 427, 304-A IPC, Police Station Banur, District Patiala (Annexure P-1) and subsequent proceedings arising out of the same are hereby quashed.

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Allowed in the aforesaid terms.

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(Nirmaljit Kaur) Judge

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09.05.2012

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mohan

Joginder Singh v. State of Punjab and Ors.

Case brief

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Joginder Singh v. State of Punjab and Ors.

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