Karan Kataria v. State Of Punjab And ANR

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-18881 of 2016 .....

Date of decision:28.9.2017 Karan Kataria

...Petitioner

v.

State of Punjab and another

...Respondents

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Parvesh Sachdeva, Advocate for the petitioner. Mr. A.P.S. Gill, Deputy Advocate General, Punjab for the respondent-State.

Mr. Lajpat Sharma, Advocate for the complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for the quashing of FIR No.108 dated 24.5.2014 (Annexure-P.1) registered for the offences under Sections 279, 337, 338, 427 IPC and (Section 304-A IPC, which was added later on) at Police Station Sadar Fazilka, District Fazilka and all subsequent proceedings arising therefrom on the basis of compromise (Annexure-P.3).

Notice of motion has been issued in this case. Mr. A.P.S. Gill, learned Deputy Advocate General, Punjab has put in appearance on behalf of the respondent-State and Mr. Lajpat Sharma, Harpal Singh Parmar 2017.10.03 14:30 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-18881 of 2016 [2] learned Advocate has appeared for the complainant-respondent No.2 and contested this petition.

I have heard learned counsel for the parties and learned state counsel and have gone through the record.

In view of the judgment passed by a Division Bench of this Court in Baldev Singh v. State of Punjab and another, Criminal Misc. No.M-40769 of 2014, decided on 2.6.2016, in which it has been held that there can be no quashing of offence under Section 304-A IPC and subsequent proceedings solely on the basis of compromise arrived at between legal heirs/representatives of the victim (deceased) and the accused, I find no merit in this petition and the same is dismissed. September 28, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2017.10.03 14:30 I attest to the accuracy and authenticity of this document Chandigarh