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2008 DIGILAW 687 (PNJ)

Rajbir Singh v. State of Haryana

2008-03-12

L.N.MITTAL

body2008
JUDGMENT L.N. Mittal, J. (Oral) - Dr. Rajbir Singh has filed the instant petition under Section 482 of the Code of Criminal Procedure (in short "the Code" for quashing FIR No. 105 dated 31.3.2008 Annexure P-1 under Section 338 of the Indian Penal Code registered at Police Station Jhajjar, District Jhajjar. 2. Learned counsel for the petitioner states that compromise has been effected with Sunil Kumar complainant-respondent No. 2. 3. Learned counsel for respondent No. 2 admits that compromise has been offooted between the petitioner and respondent No. 2. 4. As per allegations in the FIR, Capt. Mann Singh grandfather of respondent No. 2 was the victim mentioned in the FIR. 5. Learned counsel for respondent No. 2 stated on the proceeding date that Capt. Mann Singh has since died. Copy of his death certificate filed today in Court by learned counsel for respondent No. 2 is taken on record. This document depicts that Capt. Mann Singh has since died on 18.11.2006. 6. In appropriate cases, FIR can be quashed on the basis of compromise by exercising power under Section 482 of the Code, even if the offences are not compoundable. It has been so held by Five Judges Bench of this Court in case, Kulwinder Singh v. State of Punjab, 2007(3) Law Herald 2225 (P&H). 7. In the instant case, the petitioner had performed eye surgery on Mann Singh since deceased. It is alleged that on account of said surgery, visibility of left eye of Mann Singh diminished. It is also alleged in the FIR that the petitioner performed the operation without seeking consent from the complainant party. 8. Respondent No. 2 has since effected compromise with the petitioner. Mann Singh, who was operated upon by the petitioner, has since died. It is accordingly a fit case in which FIR should be quashed. 9. In view of the aforesaid, the instant petition is allowed and the impugned FIR No. 105 dated 31.3.2008 Annexure P-1 under Section 338 of the Indian Penal Code registered at Police Station, Jhajjar, District Jhajjar, is quashed against the petitioner alone, along with all consequential proceedings arising therefrom. Petition allowed.