RESHMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed u/s 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for seeking quashing of FIR bearing No. 70 dtd. 3/11/2024 registered under Sec. 106, Bhartiya Nyaya Sanhita, 2023 at Police Station Mukandpur, District SBS Nagar and all proceedings arising therefrom, on the basis of compromise dtd. 23/12/2024. (Annexure P-2).

(2.) The above FIR had been registered on the statement of Nek Ram resident of Binjo, PS Mahilpur, District Hoshiarpur. He stated that he along with his family was going on a motorcycle bearing Registration number: PB-07-AA-4675 from Banga to Phillaur, when they reached near Rahipa Gate, then at around 10:00 am, one woman was going ahead of them while carrying buffaloes on road. The said woman hit a buffalo with a stick in order to make it move. Due to turning of buffalo to one side, its face hit complainant's motorcycle and because of this misbalancing, their motorcycle hit another vehicle viz. car bearing registration No. PB-08-BE-7099. Due to this collision, family of the complainant suffered severe injuries and son of the complainant passed away. The woman disclosed her name as Reshma W/o Murad Ali. It was stated that driver of the Car was not at fault and that the petitioner Reshma was liable to be prosecuted.

(3.) Since both the parties belonged to adjacent villages, hence, a Panchayat was convened. On the intervention of the respectables, the matter was compromised and parties agreed to drop proceedings and charges against each other. On, 23/12/2024 the parties compromised the matter and filed the present petition for seeking quashing of FIR on the basis of compromise. A prayer has been made for quashing of FIR for which reliance has been placed upon the judgment of co-ordinate bench Deepak Sharma and Others v State of Haryana and Another, CRM-M-11143 of 2021 decided on 27/2/2024 and judgment of High Court of Himachal Pradesh Pramod Kumar v State of Himachal Pradesh and Others, Cr.MMO no. 1080 of 2024 decided on 12/12/2024.