SURJIT SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) This is a petition under section 482 Cr.P.C. seeking quashing of FIR No.67 dated 12.05.2011 registered against the petitioner under sections 279, 304-A IPC at Police Station Julkan, District Patiala as also the order passed by the trial court convicting the petitioner for offence under sections 279 and 304-A IPC.

(2.) Fir was lodged on the statement of Ishwar Dass. He stated that on 12.5.2011 at about 8.30 AM, he had gone to drop his two children to to a School at Village Akbarpura on Motor Cycle No.PB-11-AR-6978. On reaching Roharjagir Bus Stand, they stopped and his son Jatin alighted from the motor cycle. Suddenly, Bus No.PB-11Q-2116 came from Pahewa side in a rash and negligent manner and hit his son Jatin, as a result of which he fell down on the ground and became unconscious. Driver of the bus fled from the spot. In the meantime, Jagtar Singh, uncle of the complainant, came there and saw the accident. Several persons gathered there, who took injured to Rajendra Hospital, Patiala, but he was declared dead in the hospital. Investigation ensued thereafter and petitioner was convicted for offence under section 304-A IPC and sentenced to undergo rigorous imprisonment for one year. Learned counsel for the petitioner has prayed for quashing of the FIR as well as order of conviction on the ground that a compromise has been arrived at between the parties.

(3.) Learned State counsel has vehemently opposed the plea. According to him, offence under section 304-A IPC is noncompoundable. A compromise cannot be effected on behalf of a dead person. He has relied upon judgment Varinder Kumar vs. State of Punjab & anr., 2012 4 AICLR 104.