Rakesh Kumar Alias Rok And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-11317 of 2017 (O&M) Date of Decision: April 03, 2017 Rakesh Kumar alias Rok and another

...Petitioners

VERSUS

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Joginder Pal Ratra, Advocate, for the petitioners.

**** INDERJIT SINGH, J.

The petitioners have filed this petition under Section 482 Cr.P.C. against respondents State of Punjab and Dr.Shiv Sharma for quashing the FIR No.0086 dated 28.06.2016 under Sections 386 and 506 IPC registered at Police Station C-Division, Amritsar and subsequent proceeding arising therefrom on the basis of compromise effected between the parties.

I have heard learned counsel for the petitioner and have gone through the record.

From the record, I find that FIR in the present case has been got registered by Dr.Shiv Sharma. As per the prosecution version as given in the FIR, the complainant is running a clinic. On 24.06.2016 at about 1.00 p.m., complainant was present in his clinic and he got a call. The caller told him that he is Boby Malhotra and he further told that he had done many Vineet Gulati 2017.04.07 15:42 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-11317 of 2017 -2incidents and murder in the city and every innocent person of the city fear from his name. The caller further told the complainant to give `1 lakh, otherwise threatened to kill the complainant and his family by gun shots. The complainant told him that he cannot give the money and due to fear, disconnected the call. Being nervous, the complainant could not tell the police. The complainant on his own level, enquired about this and came to know that threats of killing and demanding ransom were given by Rakesh Kumar alias Rok at the behest of Boby Malhotra and Ajay Kumar alias Nannu.

Keeping in view the facts and circumstances of the case, nature and gravity of the offence, I do not find it a fit case where FIR can be quashed on the basis of compromise. It is an offence against the society and by such type of offences, a fear is created in the mind of citizens. Therefore, no ground is made out for quashing the FIR on the basis of the compromise. Resultantly, finding no merit in the present petition, the same is dismissed.

April 03, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.04.07 15:42 I attest to the accuracy and authenticity of this document Chandigarh