Punjab-Haryana High Court
Saminder Singh @ Sunny And Others vs State Of Haryana And Others on 11 March, 2022
CRM-M-55318-2019 (O & M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
120 CRM-M-55318 of 2019 (O & M)
Date of decision :11.03.2022
Saminder Singh @ Sunny and others ...Petitioners
Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Rahul Deswal, Advocate for the petitioners.
Ms. Mahima Yashpal, AAG, Haryana
for respondent No.1-State.
Ms. Divya Arora, Advocate for the
complainants-respondents No.2 to 4.
***
SUVIR SEHGAL, J.
CRM-8211-2022
For the reasons given in the application, it is allowed.
Hearing of the main case is preponed to today and is ordered to
be taken on Board today itself.
Main Case
Vide the instant petition filed under Section 482 of the Code of
Criminal Procedure, 1973, (for short - 'the Code'), the petitioners seek
quashing of FIR No.1166 dated 15.10.2018 registered for offences
under Sections 323, 324, 325, 34, 341, 354-B, 427, 506 IPC at Police
Station Sadar District Karnal, Annexure P-1, alongwith all
consequential proceedings arising out of the FIR, on the basis of
compromise dated 16.09.2019, Annexure P-2 and affidavits dated
16.09.2019, Annexure P-3.
1 of 3
CRM-M-55318-2019 (O & M) -2-
As per the case of the prosecution, FIR, Annexure P-1, has been
registered on a complaint which is signed by four members of a family
(names of all four have been withheld). The allegation levelled in the FIR is
that a family comprising of parents, a son and a daughter, were on their way
back in their vehicle from a 'Jagrata', when two boys on a scooter started
teasing and misbehaving with the ladies and tried to block their way. After
sometime, when the family entered the street of their house, the boys and
their accomplices, who were armed, flung a stone at them, forcing the family
to get down from the vehicle. The accused assaulted the family, hit them
with the hockey and bamboo sticks and hit the son with a knife. They also
tore the clothes of the daughter. The son was admitted in Kalpana Hospital
where he was given medical aid. As the police officials of Sector 6 police
Post did not attend to them till 6.00 pm, another complaint was lodged. The
vehicle of the family was damaged. Three boys, who assaulted the family
have been identified their names are Monty, Sunny, Surinder (petitioner
herein) and they are extending continuous threats to them.
Heard counsel for the parties.
A family comprising of women, who were on their way back
home at late hours, have been assaulted and injured by the petitioners. There
is accusation of disrobing a young lady. The allegations levelled in the FIR
have been duly supported by the victim-family in their statements recorded
under Section 164 Cr.P.C. where they have minutely described the sordid
incident. The so-called compromise on which reliance has been placed is
neither signed by all the victims, who were also the complainants, nor does it
appear to be voluntary. Condoning such a vile act of hooliganism will not
send a right message to the society and rather embolden anti-social elements.
2 of 3
CRM-M-55318-2019 (O & M) -3-
Keeping in view the facts and circumstances, nature of
accusations and the judgment of the Supreme Court in State of Madhya
Pradesh vs. Laxmi Narayan and others (2019) 5 SCC 688, this Court is of
the view that the FIR cannot be quashed on the basis of the compromise.
Petition is dismissed.
It is clarified that nothing said hereinabove shall be construed to
be an expression of opinion on the merits of the case.
11.03.2022 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
3 of 3
