BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed for quashing of FIR No. 173 dated 11.12.2013 under Sections 279, 304-A, 427 IPC registered at Police Station Sadar Sangrur as well as subsequent proceedings on the basis of compromise/settlement arrived at between the accused petitioner with respondent No.2 who is brother of the deceased-Balbir Singh. When the learned Single Judge was seized of the matter, it was felt with reference to the judgment of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 4 RCR(Cri) 543 that the offence under Section 304-A IPC neither falls in the category of cases which cannot be quashed on the basis of settlement nor the ones which can be so allowed . The question formulated for consideration of a larger Bench was whether the crime registered under Section 304-A IPC can be quashed on the basis of compromise arrived at by the legal heir/legal representative of the victim/deceased with the offender. Relevant part of order dated 28.11.2014 reads as under:-

(2.) The matter was thus placed before the Division Bench for consideration. Notice was issued to the State of Haryana as well as Union Territory of Chandigarh on 26.11.2015 as it was felt that the issues involved would necessarily require consideration of their view point as well. Despite opportunity, no response is forthcoming from the Union Territory of Chandigarh whereas response has been filed on behalf of the State of Haryana. Reply to the petition has been filed by the State of Punjab.

(3.) Arguments have been addressed by the learned counsel.