Second petition for quashing criminal proceedings based on compromise was dismissed as not maintainable, with the trial court advised to consider the compromise for sentencing.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc. M 13607 of 2013 Date of decision:-2.5.2013
Ganga Singh
Petitioner
vs.
State of Punjab and another
Respondent
Present: Mr. JS Khiva, Advocate.
M.M.S.BEDI,J.
This is a second petition for quashing of the criminal proceedings on the basis of compromise, first having been dismissed without prejudice to the rights of the parties, on 5.1.2013.
Counsel for the petitioner has made an attempt to satisfy this court regarding the inheritance of property of Nikka Singh, brother of Amar Singh.
The second petition is not maintainable. However, it is observed that the factum of compromise may be taken into consideration by the trial court to grant the benefit of doubt to the accused- petitioner or to consider the same as a mitigating circumstance to determine the sentence, if it opts to pass a conviction order.
Leaving the petitioner to take the advantage of the compromise before the trial court, the petition is dismissed.
May 2 ,2013 ( M.M.S.BEDI ) TSM JUDGE
Ganga Singh
State of Punjab
M.M. S. Bedi
As recorded by the court registry
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