IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 8005 of 2009 Date of decision: March 23, 2009 Arjunvir Singh @ Arju and others ….. Petitioners Versus State of Punjab and another ….. Respondents Present: Mr. Satbir Rathore, Advocate for the petitioners. *** S.S. SARON, J. This petition has been filed under Section 482 CrPC seeking quashing of FIR (Annexure P1) registered against the petitioners for the offences under Sections 353, 332, 379, 186/34 IPC on the basis of compromise dated 27.2.2009 (Annexure P2). Harmeet Singh (respondent No.2) who is a Punjab Home Guards Constable lodged the FIR (Annexure P1) in which it has been alleged that he was deputed by MHC Police Station at Jolly High School Urmur in connection with his duty for the 10th class examination of the school. While he was on duty, many boys were trying to throw copying material by entering the school but the complainant did not allow them to do so. At about 11.45 am, four boys forcibly tried to enter in the school and the complainant had asked them not to do so. On this Arjunvir Singh @ Arju (petitioner No.1) gave a blow with his ‘knife’ which hit the complainant on his finger and the adjoining index finger of his left hand. Daljit Singh @ Sonu (petitioner No.2) gave a ‘knife’ blow which hit the complainant on the middle finger of the left hand. Then Amrinder Singh Crl. Misc. No. M- 8005 of 2009 [2] (petitioner No.3) and one unidentified boy started beating the complainant. Thereafter, both the accused dragged the complainant on the road while he was in uniform and due to this, the complainant sustained injuries on the his left thumb, his legs and on other parts of the body. His uniform was also torn. The said persons also took away Rs.375/- from the pocket of the complainant. They also gave injuries on his chest and due to this, he did not gain his full senses till the evening and thereafter, he was taken by certain persons from the place where he was discharging his official duty. In terms of the compromise dated 27.2.2009 (Annexure P2), it is stated that the complainant Harmeet Singh does not want to proceed with the case and he would have no objection if a petition is filed for quashing the abovesaid case. After giving my thoughtful consideration to the matter, it may be noticed that the FIR against the petitioners has been registered for the offence under Section 353 IPC which provides for assault or criminal force to deter public servant from discharge of his official duty. Therefore, the present case is not one where the dispute is purely personal in nature between the parties. It is a case where an assault has been committed on a public servant who was in uniform. It is stated by the complainant in his FIR that he was dragged by the accused in his uniform. Therefore, proceedings of such a nature where the accused is alleged to have committed assault on a public servant cannot be quashed on the basis of a compromise. Accordingly, there is no merit in this petition and the same is dismissed. (S.S. SARON) JUDGE March 23, 2009 amit