The central legal point established in the judgment is that the offence under Section 304A of IPC does not fall under the scheme of compounding of offences under Section 320 of Cr.P.C., and the victim's passing away made quashing of proceedings based on a compounding application not possible.

By means of present application under Section 482 of Cr.P.C., the applicants seek to quash the charge-sheet dated 31.05.2014, summoning order dated 13.06.2014, as also the proceedings of criminal case no. 1677 of 2014, State vs Surendra Kumar and another, pending in the court of Addl. Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar on the basis of compromise between respondent no. 2 and the applicants.

2) Respondent no. 2 is the informant, as also father of the deceased. FIR was lodged against the applicants for the offence punishable under Section 304A of IPC. After the investigation, a charge-sheet was submitted against them for the selfsame offence.

3) Learned counsel for the applicants prayed that criminal proceedings pending against the applicants be quashed in view of compromise between the informant / father of victim and the applicants. Compounding application, being CRMA no. 1168 of 2014, is filed supported by affidavits of applicant no. 2 and respondent no. 2. Respondent no. 2, as also the applicants are present in person before this Court, duly identified by their respective counsel Mr. P.C. Petshali and Mr. Amrish Agarwal to verify the contents of the compounding application.

4) Offence punishable under Section 304A of IPC does not find place in the scheme of Section 320 of Cr.P.C., which deals with compounding of offences. It is not possible for this Court to grant permission to respondent no. 2 to compound the offence under Section 304A of IPC against the applicants, primarily, because Section 304A of IPC does not find place in the scheme of Section 320 of Cr.P.C. Had the intention of Legislature been to permit the victim to compound the offence in the cases of accidental injuries, offences under Sections 279, 336, 337, 338 of IPC would have been made compoundable offence, with or without permission of the Court. Section 279 of IPC deals with rash driving or riding on a public way as to endanger human life. Section 336 of IPC deals with act endangering life or personal safety of others. It says that whoever does any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished. Further, Section 337 of IPC is a penal provision for those who cause hurt to any person by doing any act endangering life or personal safety of others. Likewise, Section 338 of IPC says that whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished.

5) None of these Sections finds place in Section 320 of Cr.P.C. Applicants cannot even be granted benefit of the decision of Hon’ble Supreme Court in Gian Singh vs. State of Punjab and another (2013) 1 SCC (Cri) 160. Victim has passed away. He is no more in this world to give his consent. Quashing of proceedings on the basis of compounding application is, therefore, not possible, and as a consequence of which, application under Section 482 of Cr.P.C. also fails and the same is dismissed.

6) Thereafter learned counsel for the applicants made two innocuous prayers, viz., (i) when the applicants surrender before the trial court, they should be released on bail on their filing personal bonds, in as much as, they are working as Linemen in Electricity Distribution Division, Kashipur, District Udham Singh Nagar and there are no chance of their fleeing away from justice; (ii) trial of criminal case no. 1677 of 2014 be expedited.

7) Innocuous prayers made by learned counsel for the applicants are accepted in view of peculiar facts and circumstances of the case.

8) It is provided that if the applicants surrender before learned Addl. Chief Judicial Magistrate, Kashipur, and seek bail, their bail applications shall be decided on the same day (Section 304A of IPC being bailable offence). Learned Addl. Chief Judicial Magistrate shall consider releasing the applicants on bail on their filing personal bonds. It is also provided that t