Punjab-Haryana High Court
Bikramjit Singh vs State Of Punjab And Others on 15 April, 2024
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
Neutral Citation No:=2024:PHHC:050287
2024 : PHHC : 050287
123
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.17970 of 2024
Date of decision: 15th April, 2024
Bikramjit Singh & others
... Petitioners
Versus
State of Punjab & another
... Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Ms. Gurmeet Kaur, Advocate for the petitioners.
MANJARI NEHRU KAUL, J. (ORAL)
1. The instant petition has been filed under Section 482
Cr.P.C. for quashing FIR No.138 dated 13.07.2016 (Annexure P-1)
under Sections 307, 506, 148, 149 of the IPC and sections 25/27 of the
Arms Act, 1959 registered at Police Station City Kharar, District SAS
Nagar Mohali along with all consequential proceedings arising
therefrom on the basis of compromise dated 05.04.2024 (Annexure P-
2) effected between the parties.
2. Learned counsel submits that no doubt offences alleged are
under Section 307 IPC as well as under the Arms Act, 1959, however,
it is a case of no injury and hence, in the interest of justice, the FIR in
question be quashed as further proceedings would serve no useful
purpose.
3. Notice of motion.
1 of 5
Neutral Citation No:=2024:PHHC:050287
CRM-M No.17970 of 2024 2024 : PHHC : 050287
4. Mr. Amit Rana, Sr. Dy. Advocate General, Punjab accepts
notice on behalf of the State. Mr. Rajesh Duhan, Advocate puts in
appearance and files his power of attorney on behalf of respondent
No.2.
5. I have heard learned counsel for the parties and perused the
relevant material on record.
6. It will be apposite to reproduce the contents of the FIR in
question, which reads thus:-
"Statements of Bhawanjit Singh @ bhawan, S/o Late
Mohan Singh, Caste Jaat, R/o Village Khuni Majra, Police
Station Sadar Kharar, District SAS Nagar, aged about 21
years, Mobile No. 84277-49353, State that I am resident of
the above address and I am doing the work of agriculture.
My father was passed away. We are two brothers I am
elder and my younger brother is Anmolpreet Singh studying
in 11th class in Khalsa Senior School Kharar, my brother
Anmolpreet Singh with his friend was went to his aunt's
house, on his car bearing No. HP12-1511 on 12.11.2016,
when they reached near Samrala, back to Bypass road
Morinda Ghandua side, another vehicle numbered PB-
65R-9870 was parked in front of their car. Happy, Billa,
Jassa and 2/3 other boys were in it and they were beaten up
by these person. In this regard, I wanted to talk to Happy
and others but they did not meet me and around 7:30 PM I
was called by Harinder Singh @ Honey and they asked me
to come to the back side of Khooni Majra College, So me
and my friend Rupinder Singh C Rupi S/o Kulbir Singh,
caste Jaat, on our car Safari Number HP12-1511 and went
to the back side of Khooni Majra College to talk. I left
2 of 5
Neutral Citation No:=2024:PHHC:050287
CRM-M No.17970 of 2024 2024 : PHHC : 050287
switched on the lights of the car and I just came out of the
car. On car Endevor bearing number PB65-R-9870, one
Balero and one more car was parked there, Vikramjit Singh
@ Vicky S/o Jaswinder Singh, Jaat, R/o Badanpur,
Manpreet Singh R/o Jandpur, Gurinder Singh @ Billa and
Harinder Singh @ Honey S/o Sant Singh, R/o Jhugia and
Aman R/O Chajju Majra were standing next to the cars.
Aman saw me and raised a lalkara that we will not let you
go. Along with the lalkara, others started shouting louldly
and they all started abusing us. Aman fired on us with his
weapon with the intension of killing me, but I was saved
along with the above said persons, Jassa was also with
them, who is residing "Kharar City" I ran into the car,
started the car and saved myself, when I tried to ran away
from the spot then Aman again fired another shot at me and
others who were present there, threw stones at me, and
used to threaten to kill. Sandeep was still in the car. So we
quickly drove the car away and saved our lives, after that I
did not step out of my house. Today I was coming with my
mother to inform you and you met me on the way at Ladra
Raod, I-point, Badala. The statement got recorded to you
and action should be taken against Vikramjit Singh @
Vicky, Manpreet Singh @ nandi, Gurinder Singh @ Billa,
Harinder Singh @ Honey, Aman Chajja Majra, and Jassa
Sd/- Bhawanpreet Singh. Testified by Jasbir Kaur, verifying
by ASI Deep Singh, Police Station City Kharar."
7. A perusal of the FIR in question prima facie reveals that it
was a premeditated attack which was carried out by the accused
petitioners upon the complainant; the complainant along with his friend
had been called to the spot by the accused and thereafter, without any
3 of 5
Neutral Citation No:=2024:PHHC:050287
CRM-M No.17970 of 2024 2024 : PHHC : 050287
provocation, all the accused, who were armed with fire-arms, fired
towards the complainant; the complainant quickly got inside his vehicle
and fled from the spot. The accused, thereafter, kept pelting stones
towards the vehicle of the complainant. Furthermore, it needs to be
emphasized that an offence under the Arms Act, 1959 is always
registered with the sanction of the District Magistrate, who too is not a
party to the instant petition, and on this ground as well, the criminal
proceedings against the petitioners cannot be quashed in the instant
case.
8. In view of the peculiar facts of the present case, it is
apparent that the occurrence in question was a premeditated one and
without any provocation, thereby affecting the society at large, not just
the Complainant as an individual. It is, therefore, the duty of the State
to bring to book such offenders of crimes against society. The afore-
referred position has been reiterated time and again by Hon'ble the
Supreme Court in a plethora of judgments including 'State of M.P. vs.
Laxmi Narayan' (2019) 5 SCC 688, stating that certain offences, such
as offences under Section 307 IPC and/or the Arms Act, 1959 etc. fall
within the category of heinous and serious offences and therefore, are
to be treated as crimes against society and not against the individual
alone. Thus, criminal proceedings for the offence under Section 307
IPC of and/or the Arms Act, etc. which make a serious impact on the
society cannot be quashed in exercise of powers under Section 482 of
4 of 5
Neutral Citation No:=2024:PHHC:050287
CRM-M No.17970 of 2024 2024 : PHHC : 050287
the Code, on the ground that the parties have resolved their entire
dispute amongst themselves.
9. In the facts and circumstances as enumerated hereinabove,
the petition stands dismissed.
(MANJARI NEHRU KAUL)
JUDGE
April 15, 2024
rps
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
5 of 5
