IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No. M-19803 of 2010 (O&M) Date of decision: 25.08.2011 Inder and Ors. ..Petitioners Versus Sanjay and Anr. ..Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. R.A. Sheoran, Advocate for the petitioners. Mr. N.K. Sanghi, Advocate for respondent No. 1. Mr. S.K. Hooda, Addl. AG, Haryana. **** SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.PC') seeking quashing of criminal complaint No. 181-1 of 2009 dated 13.5.2009 (Annexure P-7) summoning order dated 16.1.2010 (Annexure P-8) and charge sheet dated 4.6.2010 (Annexure P-9) and all subsequent proceedings arising therefrom. The contents of the complaint (Annexure P-7) read as under:- "1. That the applicant is permanent resident of Village Kohar and doing agriculture and the accused are also residents of the same village and the quarrelsome persons and accused No. 2 Inder Singh is in Haryana Police and spreads party faction in the village and given threat being in himself in police. 2. That some time ago, Dina son of Majid caste Musalman, resident of Kohar entered in the house of my brotherhood Molar with bad intention in the Crl. M. No. M-19803 of 2010 (O&M ) -2- night and we tried to catch him but the accused Vedpal and Amit did not allow us to catch him and they got fled away him from the village. 3. That on 3.04.2009, the applicant alongwith his friends Bhanwar resident of Kohar, Nanha and Shree Bhagwan residents of Village Dinod had gone to Dadri for his personal work. Amit and Vedpal accused met them near Dadri Bus Stand and seeing me, they started filthy sings and I stopped them but they did not stop and a quarrel took place between us. During this, the nearby persons got separated us but after the quarrel, accused Vedpal and Amit had submitted a false application in Police Station Dadri and levelled a false allegations that we have taken their Rs. 19500/-. 4. That regarding this, a panchayat was convened in Village Dinod on 22.4.2009 and Nanha and Shree Bhagwan felt sorry in the Panchayat. On the same very day, a panchayat was also convened in Village Kohar at 12.00 Noon regarding the complaint given by Vedpal and Amit in Police Station Dadri. In that regard, five members of the panchayat who were the persons of the accused, decided that Rs. 19500/- are to be paid to Amit and Vedpal which were lost and in addition Rs. 11,000/- as fine were imposed. Besides this, applicant and father of the applicant will have to feel sorry before the panchayat. 5. That I have refused to admit the decision of the panchayat stating it illegal and stated that either we should feel sorry or impose financial penalty on us. On which, all the accused who were present in the panchayat did not agree. After that, when applicant was proceeding towards his house, then accused Crl. M. No. M-19803 of 2010 (O&M) -3- Inder, Vedpal, Mahipal, Raju and Sher Singh have stopped me and started giving kick and fist blow to me. When I ran away after rescuing from them, then all the accused No. 1 to 7 chased me and stated that we will learn you a lesson for not agreeing with us and will kill you. By saying this, all chasing me, caught hold me near the well and started beating me. All stated by raising a Lalkara that today he should not be saved. Throw him in the adjoining well and he will die drowning in the water. By saying this, all the accused picked up me. I told them time and again that I do not know how to swim and the well is deep and I will die but challenging accused stated that we want as such and threw me in the adjoining deep well with the intention to kill me. As I do not know how to swim, then also, I tried my best after throwing in the well but the well was 90 feet deep and I could not save myself and then I became unconscious. The applicant does not know who have put him outside from the well but the applicant became conscious in Bhiwani Hospital on the second day. 6. That the accused have thrown the complainant in 90 feet deep well with the intention to kill me so that there is no possibility to save the applicant and the applicant may die by drowning. This incident was seen by Rampal father of the complainant and Tau Jaipal. They raised enough noise but the accused have ran away after throwing the complainant in the well by saying that we have taken the revenge and he has been killed. The complainant was put outside the well in unconscious condition with the help of Ashok and Amar Singh and I was taken to hospital. 7. That the complainant was medically examined Crl. M. No. M-19803 of 2010 (O&M) -4- in the hospital and the complainant became conscious on the second day i.e. 23.4.2009 in the evening. The complainant remained admitted in the hospital for four days. 8. That the police of Police Station Sadar Bhiwani came to the complainant on 23.04.2009 and the applicant had disclosed all the facts and circumstances to the police and police has obtained my signature on blank paper saying that we have noted all the facts stated by you. We will record the statement in the police station and legal action will be taken by arresting the accused. The complainant having faith, has put my signature on the paper as disclosed by them. 9.That the police has not recorded the statement as disclosed by me to help the accused and recorded the statement in a twisted manner at their own wish and neither the police has taken any action with connivance with the accused nor arrested them because accused No. 1 Inder is a constable in Haryana Police and using his influence, no action was got taken and the Police of Police Station Sadar has not recorded my statement as disclosed by me, and recorded the statement by twisting it to help the accused Inder. 10.That before this incident, the accused have given threat to kill the complainant on my mobile and the brother of accused Kanwar Pal who is serving in CCI Dadri, had also given threat to kill me. 11.That when the police of Police Station Sadar did not take any action against the accused, then the applicant submitted an application to the S.P. Bhiwani which was sent by S.P. Bhiwani to Police Station Sadar Bhiwani for necessary action, on Crl. M. No. M-19803 of 2010 (O&M) -5- which the police of Police Station Sadar Bhiwani became annoyed to me and the applicant was called in the police station and threatened me that if you would not compromise with the accused then we will registered a false case against you and your application would also be rejected by saying it as false. Therefore, it is clearly established that the police of Police Station Sadar Bhiwani is connived with the accused and does not want to take any action against the accused and want to save the Inder Singh Constable of their department. Therefore, by not taking fair action, the police is pressurising the applicant for compromise. Therefore, the applicant is filing the present complaint. 12.That the abovesaid accused have committed the offence under Section 307, 325, 323, 147, 149, 341 IPC for which they are liable to be punished under abovesaid section by summoning them. By filing this complaint, it is therefore, respectfully prayed that appropriate legal action may be taken against the abovesaid accused under abovesaid sections and the accused may be punished suitably. Learned counsel for the petitioners has submitted that continuation of the criminal proceedings against the petitioners was nothing but an abuse of process of law. In fact, a compromise was entered between the parties and on the basis of the same the petitioners have withdrawn the complaint filed by them against the complainant. However, despite the compromise respondent No. 1 had failed to withdraw the complaint in question. The allegations levelled by the respondent No. 1 were found false Crl. M. No. M-19803 of 2010 (O&M) -6- during investigation. Learned counsel for respondent No. 1 on the other hand has submitted that one of the accused i.e., accused No. 1 Inder was a Constable in Haryana Police and due to this reasons the allegations levelled by the respondent No. 1 had not been properly enquired into. All the accused had thrown respondent No. 1 in the well. In fact no compromise was effected between the parties as alleged by the petitioners. After hearing learned counsel for the parties I am of the opinion that the instant petition deserves to be dismissed. The complainant has levelled serious allegations against the petitioners in the complaint. The case of the complainant is that he had been thrown in 90 feet deep well by the petitioners with an intention to kill him. The petitioners had run away from the spot after throwing respondent No. 1 in the well. The respondent No. 1 was taken out of the well and was got admitted in the Hospital and he regained his consciousness on the next day i.e. 23.4.2009. It has also been alleged that the matter had not been properly enquired into by the Police as one of the petitioner is a Constable in Haryana Police. The factum of compromise between the parties has been denied by the respondent No. 1. The pleas taken by the counsel for the petitioners can be taken by them in their defence during trial. It would not be just and expedient to quash the criminal proceedings at this stage. In view of serious allegations levelled against the petitioners, this petition is dismissed. (SABINA) August 25, 2011 JUDGE Poonam (II)