Amrik Singh v. State of Punjab and Others
Case brief
What is this about?
Petitioner sought quashing of FIR in a motor accident death case due to family hardship after his brother died. The court declined to exercise inherent jurisdiction to quash the case instead, directing the trial court to consider the compromise and family circumstances during evidence appreciation and granting relief as appropriate.
What the court decided
Cr.Misc. M 10593 of 2013
1
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc. M 10593 of 2013 Date of decision:- 10.5.2013
Amrik Singh
Petitioner
vs.
State of Punjab and others
Respondent
Present: Mr.NS Dandiwal, Advocate.
M.M.S.BEDI,J.
The petitioner is facing trial for having caused the death of complainant's brother Harbans Singh on 13.8.2009 in a motor accident. Quashing of FIR has been prayed for on the basis of compromise.
Counsel submits that in view of the subsequent events i.e. petitioner's brother having died during pendency of the case leaving four minor daughters, who are to be looked after by the petitioner along with his three minor children, the present petition has been filed for quashing of the FIR on the basis of compromise.
Issues for consideration
2 issues framed by the court
Whether an application for quashing of FIR and compounding of offence in a motor accident death case can be disposed of in the inherent jurisdiction of this court.
Whether the court can grant relief for quashing of FIR when legal heirs are involved and their compensation status is uncertain.
Parties & counsel
- petitioner
Amrik Singh
- respondent
State of Punjab
Coram
M.M.S.Bedi
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · May
- Registered
- Case no.
- CRM-M/10593/2013
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