Crl. Misc. No. M-27669 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-27669 of 2010 (O&M) Date of decision : 01.04.2011 Mubarik .....Petitioner versus Smt.Saliman and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Tara Chand, Advocate, for, Mr. Yashwinder Paul Singh, Advocate for the petitioner. Mr. Sarfraj Hussain, Advocate for respondent No. 1 Sh. P.S. Virk, D.A.G., Haryana for respondent No. 2 -State **** RITU BAHRI , J. (Oral) The present petition has been filed under Section 482 Cr.P.C for quashing of complaint no. 70 dated 12.2.2009 under Sections 323/324/506/34 IPC (Annexure P3), pending in the Court of Shri Prashant Rana, Judicial Magistrate, First Class, Ferozepur Jhirka District Mewat, and summoning order dated 29.03.2010 (Annexure P4) and the order dated 04.09.2010 (Annexure P5) passed by ld. Additional Sessions Judge, Gurgaon. Brief facts of the case are that the complainant and her grandson were on their fields and their goat went in the fields of their neighbour Gani. Her grandson at 9-10 AM went in the fields of Gani for catching their goat but Gani started calling bad names to her grandson annd Crl. Misc. No. M-27669 of 2010 (O&M) -2- turned him out of the fields. So, complainant and her grandson again went to the fields of Gani to bring their goat but Mbarik, Gani, Niyamat and Rehmati were already sitting there armed with lathi and kulhari. When the complainant told them about her grandson to then, then they again strted calling bade names to her and petitioner gave a kulhari blow held in his hand. She saved herself from it and the corner of Kulhari fell on her right hand and then Gani gave injury with lathi blow which fell on her right ribs. Thereafter, when her grandson tried to save her, Niyamat gave danda blow on the left elbow of Iqrar and Rehmati gave lathi blow on the shoulder of her grandson. Due to this, both of them received many injuries. When both of them raised noise, then Siraj and Hafij residents of Umar, came at the spot on hearing their noise and they rescued them from the aggressors otherwise the aforesaid persons would have killed them. Thereafter, she went to her home and told all the incident to her husband Basir. He took them to government hospital Mandi Khera and got them treated and gave a report about this incident on 18.11.2008 in Police Station Nagina, on which the police of police Station Nagina registered a case No. 186 against the accused. But during investigation, the local police connived with accused and did not take action against the accused and rather threatened them that they should compromise the case otherwise they will cancel the case and refused to take action against the accused and to arrest them. As per the reply filed by Deputy Superintendent of Police, the investigation was conducted in the present F.I.R and the cancellation report has been sent to Illaqa Magistrate. As per investigation, no quarrel was found to have taken place and the injuries on respondent No. 1 were inflicted with friendly hands. The intention was to get the F.IR. registered Crl. Misc. No. M-27669 of 2010 (O&M) -3- so that the matter can be compromised in earlier F.I.R No. 186 dated 18.11.2008 under Sections 323/324/506/34 of IPC In view of the above factual position, which is not disputed by learned counsel for the petitioner. No further orders are required to be passed in this petition. The petition stands disposed of accordingly. (RITU BAHRI) JUDGE April 01, 2011 G.Arora