ANIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing of an FIR No. 34 dated 30.3.2004 registered under Sections 304-A, 279, 377, 338 and 427 IPC at Police Station Sadar, Moga, on the basis of compromise.

(2.) BASANT Singh-respondent No. 2 got registered an FIR levelling allegations therein that while he along with Harjit Singh, S/o Gurnam Singh were going to village Dagru on scooter and reached near Bus Stand Jassowal, one Hero Handa Motor Cycle No. PB-02-T-0285 being driven by Sukhwinder Singh along with Balbir Singh pillion rider and one scooter bearing No. PB-05-G-1596 driven by Milkha Singh along with Gurcharan Singh pillion rider came from different sides. One Car bearing No. DL-4CJ4341 being driven at a high speed came and struck the Motor Cycle as well as Scooter and the persons sitting suffered number of injuries. It transpired that Anil Kumar, S/o Hakam Chand was the owner of the car. Balbir Singh and Gurcharan Singh died at the spot due to injuries received. Sukhwinder Singh and Milkha Singh were taken to Civil Hospital, Moga, where, Sukhwinder Singh also died. FIR was registered and challan was presented. Statement of Milkha Singh (PW-3) was recorded. The legal heirs of the deceased also filed claim petition under the Motor Vehicles Act and during the pendency of same, widow of the deceased Sukhwinder Singh, made statement, wherein, she has stated that since the matter has been compromised, therefore, she be permitted to withdraw the petition. On the basis of that statement, the claim petition filed by the legal heirs of the deceased was dismissed as withdrawn being compromised. Similarly, the statement of legal heirs of Balbir Singh was also recorded and their claim petition was also dismissed as withdrawn being compromised. The legal heirs of Thakur Singh also withdrew their claim petition as having been compromised. The prosecution witnesses were declared hostile as they did not support the prosecution version and specifically stated that they never made any such statement. On the basis of said compromise, there are bleak chances of conviction and the pendency of trial would be sheer wastage of precious time of the Court and wastage of public money also.

(3.) REPLY by way of an affidavit has already been filed by respondent No. 2 stating therein that the matter has been amicably settled between the parties and the legal heirs of the deceased have been compensated by the petitioner and in view of the compromise, the claim petitions have been withdrawn as having been compromised. Today, both petitioner-Anil Kumar and respondent No. 2 Basant Singh are present in Court. They have been identified by their respective counsel. Both petitioner as well as respondent No. 2 have specifically stated in the Court that since the matter has amicably been settled, they are not interested in further pursuing the matter.