JUDGMENT :

SUMEET GOEL, J. 

1. The present petition has been preferred by the accused under Section 528 of the Bharatiya Nagarika Suraksha Sanhita, 2023 seeking quashing of the FIR No.53 dated 31.07.2024 registered under Sections 106, 125, 281 of BNS, 2023 at Police Station Sector – 49, Chandigarh, on the basis of compromise deed dated 23.09.2024 (copy whereof is appended as Annexure P-2 with the present petition).

2. The case of the petitioner, as set out in the petition, is that the FIR ibid came to be registered on account of a road traffic accident occurred near the Sports Complex, Sector 50/51, Chandigarh involving a Fortuner car and i20 car being driven by the petitioner. As per the version recorded by the police on the basis of information received from the hospital and subsequent inquiry, the petitioner was allegedly driving the i20 vehicle on the wrong side of the road and collided head-on with the Fortuner. As per the allegations, the said collusion had resulted in multiple persons sustaining injuries and one Vijay Kumar, aged about 82 years succumbed to injuries during the course of treatment at GMCH, Sector 32, Chandigarh. On the basis of the circumstances, medical opinion and statements recorded during the course of investigation, it was found that on account of the act of the petitioner, who is driving the car rashly and negligently which endangered the human life has resulted in death.

3. Learned counsel for the petitioner has iterated that the accident in question has occurred due to heavy rain and not on account of negligence attributable to either party. Learned counsel has further iterated that both the petitioner and respondent No. 2 has mutually agreed not to initiate any criminal proceedings and have subsequently entered into a compromise resolving their disputes amicably. Learned counsel has further submitted that a compromise has already been entered into between the petitioner and the FIR-complainant on 28.08.2024, relevant whereof reads as under:

“Whereas, on 30-07-2024, an accident occurred between Sandeep Kumar’s car No. CH01CL3390 and Amanjot Singh’s car No. CH-01- BX1122 within the jurisdiction of Sector -49 Police Station and the accident occurred all of a sudden because of heavy rain regarding which none of parties filed any complaint or statement with the police in the police station regarding this. However, the police party of Police Station Sector 48/49 registered an FIR No.53 dated 31-07-2007 on their own accord in the absence of the parties. The abovesaid accident did not occur due to the negligence of either party. This accident occurred suddenly because of heavy rain, which neither party was at fault. In this accident, Mr. Vijay Kumar, father of Sandeep Kumar, passed away. Now, both parties do not wish to pursue any civil or criminal proceedings against each other and both parties will submit an application to quash FIR No.53 and will also inform Police Station Sector 48-49 regarding this settlement.”

Learned counsel has, thus, iterated that the impugned FIR has been registered on account of some mistaken belief and the said issue has since been resolved between the parties and in order to keep peace as also harmony, the parties do not wish to continue the proceedings, including the impugned FIR. Learned counsel has further urged that no useful purpose would likely be served by allowing the criminal prosecution to continue against the petitioner. On the strength of these submissions, the grant of petition in hand is entreated for.

4. Learned counsel appearing for the U.T. Chandigarh has opposed the present petition and submits that the instant FIR pertains to a serious road accident which resulted in the death of one Vijay Kumar i.e. father of the petitioner. Learned counsel submits that the offences invoked, particularly under Section 106 BNS (causing death by negligence), are not merely private in nature but have a serious impact on society at large. It has been further contended that the crim