IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.19421-M of 2008 DATE OF DECISION : DECEMBER 1, 2008 RAKESH KUMAR ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. SL Chander Shekhar, Advocate, for the petitioner(s). Mr. KS Sidhu, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, seeks quashing of FIR No.214 dated 11.8.2004 under Sections 324, 323, 148, 149, Indian Penal Code, Police Station, Lopoke, District Amritsar (Annexure P-1). Learned counsel for the petitioner contends that the parties have settled all their disputes by way of compromise (Annexure P-2). I have considered the issue. A perusal of the FIR indicates that respondent- complainant/Jagtar Singh gave a statement which clearly states that one of the shops owned by the complainant was given on rent to Rakesh Kumar (petitioner) for the last about 8 years. There was a path of 8 feet from the Criminal Misc.19421-M of 2008 2 land of the complainant-party to go to the place of their residence. The petitioner, however, was parking scooter/cycle in the path and would place chairs on account of which the complainant-party faced problems in getting ingress and egress to their house. Earlier also, there was a quarrel on this account. On 8.8.2004 also, similar incident occurred. The complainant asked the obstruction to be removed and the petitioner had threatened him. It has further been alleged that as per pre-planning- Rakesh Kumar, came armed with a kirpan, while Bikramjit Kumar was armed with a gandasa, Manoj Kumar was armed with a Datar, Rattan Chand and his son were armed with khurpa, and Sukhbir Singh was armed with a Dang. Rattan Chand raised a lalkara that the complainant be taught a lesson for stopping them from using the street. Bikramjit Kumar gave a gandasa blow which hit the complainant on the left leg. Manoj Kumar gave a blow with Datar on the complainant hitting him on the left elbow. Petitioner-Rakesh Kumar gave a blow with kirpan which hit on the left side of head of the complainant. When the complainant tried to turn back, Rattan Chand gave a blow with back side of khurpa, which hit the complainant on the left arm above the elbow. Noise of “mar ditta – mar ditta” was raised. Prabhjot Singh witnessed the occurrence. Sukhbir Singh gave 5 blows continuously with his dang on Prabhjot Singh hitting him on his shoulders. Learned counsel for the respondent-State has informed the court that even the provisions of Sections 307 and 326, Indian Penal Code, were invoked, however, this fact has not been disclosed. Criminal Misc.19421-M of 2008 3 I find that a material fact has been concealed from this court. Even otherwise, I find that the facts and circumstances of the case would not only promote savagery but would also be abhorrent to lawful composition of the society. The manner in which the offence has been committed, the number of accused involved, the arms the accused were armed with, the number of injured, the number of injuries caused and the seat of injuries do not make out a case for quashing the FIR and subsequent proceedings on the basis of compromise. The petition is, accordingly, dismissed. December 1, 2008 ( AJAI LAMBA ) Kang JUDGE