In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-19938 of 2010 ..... Date of decision:26.7.2010 Sandeep .....Petitioner v. State of Haryana and others .....Respondents .... Present: Mr. Jitender Dhanda, Advocate for the petitioner. Mr. K.C. Gupta, Senior Deputy Advocate General, Haryana for respondent-State. Mr. A.D.S. Jattana, Advocate for the complainant. ..... S.S. Saron, J. Heard learned counsel for the parties. The petition has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C.' - for short) seeking quashing of FIR No.9 dated 8.1.2008 (Annexure-P.1) registered at Police Station Narnaund, District Hisar for the offences under Sections 148, 149, 452, 323, 506, 427, 332 and 353 Indian Penal Code and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (`Act’ – for short) as well as the report under Section 173 Cr.P.C. The impugned FIR dated 8.1.2008 (Annexure-P.1) has been registered on the statement of Jai Singh (respondent No.2). It is alleged by the complainant (respondent No.2) that he and Zile Singh (respondent No.3) are the sons of Surat Singh. They are agriculturist and own 40 acres of land at Village Petwar. Their houses are situated near the pond meant for Sansis Cr. Misc. No.M-19938 of 2010 [2] in Village Petwar. A day earlier to the lodging of FIR i.e. on 7.1.2008 a Panchayat of all communities except their community was convened in Village Petwar. Some boys were sitting on fast in the Chopal of their village since 3.1.2008 with the intention to get the houses of the complainant demolished. Amongst the persons who were sitting on fast in the Chopal were Ishwar, Rajesh, Joginder and Rajiv. They had been sitting for the last three-four days. The community Panchayat of the village had gathered keeping in view the above said position. The panchayat had gathered at 8/8.30 a.m. and it comprised of ladies and gents out of which only some were known to the complainants because their village is very big. The names of some of the persons who had gathered are mentioned. There are 62 persons whose names are mentioned and are residents of village Petwar. The said persons along with ladies and young girls were accompanied with 50-60 other boys whom they could identify if they came before them. On coming in front of the complainant side they said that you Sansis would be taught a lesson for not coming before the Panchayat a day earlier. On saying this, they also hurled abuses in the name of their caste and threatened the complainant side to leave their house otherwise they would be set on fire. When the ladies from the complainant side objected to this, they kicked them and gave fist blows, besides, threw them out of their houses. They entered in their houses and damaged their household articles like fridge, TV, washing machine, pressure cooker, crockery, gas cylinder, chulha etc. They caused injuries to the complainant side and looted their household articles and jewellery. Then all of them with the help of iron rods, hammers (Ghan) started demolishing their houses. On that the Cr. Misc. No.M-19938 of 2010 [3] complainant Jai Singh (respondent No.2) requested a boy in the neighbourhood to call the Police. At this the SHO immediately arrived with force and the DSP, Hansi also came. They tried to pacify the persons demolishing their houses and involved in the looting of the household articles. The mob, however, raised lalkaras and started pelting stones at the Police. The Police officials also suffered injuries. Glass panes of their vehicles were damaged. The names of the persons present from the side of the complainant are mentioned. Thereafter a large Police force reached there and the accused fled away. It was requested that legal action be taken. On the last date of hearing respondents No.2 to 10 had filed their affidavits stating that they did not want to proceed with the case against Sandeep Duhan (petitioner) as they had verified that his name had been mentioned due to a misunderstanding and in fact he was not connected with the case. It was stated that they had no objection in case the FIR against him is quashed. Mr. A.D.S. Jattana, Advocate has put in appearance for respondents No.2 to 10. Vakalatnama filed by him in Court today is taken on record. It is submitted that respondents No. 2 to 10 have no objection to the quashing of FIR against the petitioner Sandeep Duhan, however, the offence against the other accused is liable to be tried in accordance with law. It is submitted that the name of Sandeep Duhan had been mentioned due to a misunderstanding. It may be noticed that the Police has investigated the case and filed its charge-report (challan). The petitioner Sandeep Duhan has been sent-up for trial. Therefore, this Court in exercise of its inherent jurisdiction Cr. Misc. No.M-19938 of 2010 [4] under Section 482 Cr.P.C. is not to consider the affidavits of respondents No.2 to 10 that have been filed and conduct parallel proceedings and thereby reach at a conclusion that the petitioner was not involved in the incident that had occurred on 7.1.2008. This would amount to short- circuiting and circumventing the procedure prescribed by law. This clearly is not the intent of the inherent jurisdiction of this Court. In case the petitioner is one of the accused who was not present the matter may be liable for further investigation in terms of Section 173 (8) Cr.P.C. However, that can be considered by the learned trial Court which is seized of the matter and not by this Court in exercise of its inherent jurisdiction. In the circumstances, the petitioner may seek his remedy of getting the case further investigated in terms of Section 173 (8) Cr.P.C. by filing necessary application in this regard before the Court which is seized of the case. In case such an application is filed it is needless to submit that the learned Court shall consider the same in accordance with law. Accordingly, the present petition is disposed of leaving it open for the petitioner to seek further investigation of the case in accordance with law. July 26, 2010. (S.S. Saron) Judge *hsp*