Punjab-Haryana High Court
Mappa And Others vs The State Of Punjab And Others on 1 December, 2012
Author: M.M.S. Bedi
Bench: M.M.S. Bedi
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-14023-2011 (O&M).
Date of decision: December 1, 2012.
Mappa and others
..... Petitioners
Versus
The State of Punjab and others
..... Respondents
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI
PRESENT Mr.H.K.Aurora, Adv., for the petitioner.
Mr.Ankur Jain, AAG., Punjab.
M.M.S. BEDI, J. (ORAL)
Petitioners seek the quashing of FIR No.77 dated 20.7.2010, under Sections 323, 324, 148, 149, 325, 326 & 307 IPC, registered at Police Station, City, Hoshiarpur. Said FIR was registered at the instance of respondent No.3 Ajit Singh alleging that when he had stopped the petitioners from harassing a Kulfi vendor, the petitioners who were armed with sharp edged weapons like kirpan and knifes, attacked the complainant as well as his son. Knife blow was given on the left side of stomach of the complainant whereas a kirpan blow was given on the head of the complainant by one of the accused. When son of the complainant came forward to rescue him, the petitioners gave injuries to the son of the complainant. The challan has already been presented in this case.
No doubt the direction was given to the trial Court to get the statements of the parties recorded regarding the matter having been compromised, it appears to be a case where the accused persons have been able to impose their wish upon the complainant and get the matter compromised. It has been informed on the instructions of HC Rakesh Kumar that challan has already been presented. The circumstances do not warrant that in the exercise of powers under Section 482 Cr.P.C., compounding should be permitted in a case where the petitioners have allegedly attacked unarmed persons merely because they had stopped them from indulging in harassing a poor street vendor.
Dismissed.
(M.M.S. BEDI) December 1, 2012. JUDGE rka