In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-16475 of 2010 ..... Date of decision:8.7.2010 Balwinder Singh and others .....Petitioners v. State of Punjab and another .....Respondents .... Present: Mr. Gopal Singh Nahel, Advocate for the petitioners. ..... S.S. Saron, J. This petition has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C.' - for short) seeking quashing of FIR No.91 dated 24.10.2008 (Annexure-P.1) registered at Police Station Mulepur, District Fatehgarh Sahib for the offences under Sections 353, 186, 332 and 34 Indian Penal Code on the basis of compromise dated 22.5.2010 (Annexure-P.2). The FIR (Annexure-P.1) has been registered on the statement of Tilak Raj (respondent No.2) who was posted as Sub Inspector at Police Station Mulepur, District Fatehgarh Sahib at the time of registration of the FIR on 24.10.2008. Tilak Raj, Sub Inspector (respondent No.2) was working as Duty Officer at Police Station and complaint No.825/5D dated 23.10.2008 was received from Gurnam Singh son of Jai Singh of Village Muhamdipur against Balwinder Singh (petitioner No.1) which was marked by the SHO of Police Station for investigation to Tilak Raj, Sub Inspector (respondent No.2). The Investigating Officer of the case,namely, Tilak Raj, Cr. Misc. No.M-16475 of 2010 [2] Sub Inspector (respondent No.2) along with other Police officials went to the house of the petitioner Balwinder Singh at Village Muhamdipur in a Bolero vehicle. At the house of the petitioner, SPO Baljinder Singh asked Jeon Singh (petitioner No.2) about his son Balwinder Singh (petitioner No.1) who stated that he had gone out of the house. In the meantime, Balwinder Singh (petitioner No.1) came from inside the house in an inebriated condition and stated that he was Balwinder Singh, what did he (Tilak Raj) want. Tilak Raj informed him that Gurnam Singh had given him a complaint against his brother Dharminder Singh. Balwinder Singh (petitioner No.1) got angry and gave a clenched fist blow on the nose of Tilak Raj (respondent No.2), the second blow hit Tilak Raj on his right eye and the third blow on his left eye. Jeon Singh (petitioner No.2) caught hold of Tilak Raj and with a cleaning wiper hit on the left arm of Head Constable Darshan Singh. A hue and cry was raised and the three persons left them and went inside the house. Balwinder Singh (petitioner No.1) who was in an inebriated condition hit his head on the iron gate and he from inside abused them. Thereafter, he ran away from the house. Tilak Raj, Sub Inspector in an injured condition was taken by Head Constable Darshan Singh and Baljinder Singh, SPO to the Civil Hospital, Fatehgarh Sahib for treatment and was admitted there. The case, therefore, relates to an assault on a public servant who was on duty. Sub Inspector Tilak Raj (respondent No.2) had gone to the house of the petitioner in connection with the investigation of the case. It is not a case which can be said to be personal in nature, the compromise of which is to be normally accepted. It is primarily disputes which are Cr. Misc. No.M-16475 of 2010 [3] personal in nature that this Court in exercise of its inherent jurisdiction may quash. However, where a public servant is a Police Officer of the rank of Sub Inspector is beaten, it does not lie on him to say that he has compromised the matter as there is no element of personal dispute in the same. The respondent No.2 though has retired from service, however, his conduct on the basis of which the FIR has been registered is in relation to the performance of his duties as a public servant. Therefore, the petition is devoid of merit and is accordingly dismissed. July 8, 2010. (S.S. Saron) Judge *hsp*