Chandigarh: HC quashes murder case against Colonel after Rs 18 lakh compromise deal

Taking the decision on merits, the single bench of the High Court noted in the order that the post-mortem of the victim has revealed that he had died of “natural causes”.

By: Express News Service | Chandigarh | Published: October 5, 2018 3:09:58 am
Woman paraded on police jeep: HC summons DSP, seeks explanation Punjab and Haryana High Court. (File)

Allowing a compromise between the accused and victim’s wife, the Punjab and Haryana High Court on Thursday quashed a case filed against Army Colonel Manvir Singh Bains for the death of a Chandigarh resident during an incident of road rage in September 2017. An amount of Rs 18 lakh was paid by Bains to the victim’s wife, according to the compromise deed.

Taking the decision on merits, the single bench of the High Court noted in the order that the post-mortem of the victim has revealed that he had died of “natural causes”.

The compromise deed, signed by victim Parveen Yadav’s wife Pallavi and Bains’ spouse Lipakshi on his behalf, mentioned that the compromise has been made “to restore harmony and peace and also keeping into view long term prospects of both the parties.”

Colonel Bains, 49, had been arrested under murder charges after death of the private distributor of electrical items, Yadav. Bains allegedly thrashed Yadav on the dividing road of Sector 34 and Sector 44 in September last year. The victim, a resident of of Sector 37, had been declared brought dead at GMCH-32.

The lower court had charged Bains under the Sections 302 (murder) and 304 (II) (culpable homicide not amounting to murder) of Indian Penal Code. However, the accused had approached the High Court for criminal revision and pleaded that offence under only Section 323 (Punishment for voluntarily causing hurt) is made out in the incident. The proceedings before the trial court had been stayed in February by the High Court.

According to the medical report of the victim, the death occurred due to “Acute Coronary Insufficiency in a case of pre-existing Coronary Artery Disease.

A Natural cause”. Bains had been granted bail by the High Court in November 2017 on the basis of the medical report and UT Police’s submission that they do not oppose the bail.

The deed signed by the parties said that the compromise has been reached on the intervention of the respectables and Pallavi also has the consent of her family, including parents, father-in-law and sister-in-law for it.

While stating that accused does not bear any malice towards the family of the victim, the compromise read, “He (Bains) is rather sympathetic towards the first party and wishes to compensate them for the loss suffered by them. With the said intention, he has handed over a Demand Draft/Pay Order ….. payable at Chandigarh for Rs. 18,00,000/…”

The amount has been accepted by Pallavi as “a measure of goodwill,” the agreement signed on Thursday read.

The wife of the victim will “never rake up the issue” before any forum, including police and courts, according to the compromise deed. “The compromise has been arrived at between both the parties without fear, coercion and pressure and with free will…”

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