Avtar Singh Gill v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-17377 of 2017 (O&M) Date of Decision: July 18, 2017 Avtar Singh Gill

...Petitioner

VERSUS

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Jasbir Singh, Advocate, for the petitioner.

**** INDERJIT SINGH, J.

The petitioner has filed this petition under Section 482 Cr.P.C. against respondent State of Punjab for quashing the FIR No.139 dated 29.05.2015 under Sections 353, 332, 186 and 506 IPC registered at Police Station City Sangrur, District Sangrur and all subsequent proceedings arising therefrom, on the basis of the compromise. 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 registered on the statement of Rajiv Dhand, who stated he is working as Clerk in DTO Office at Sangrur. At about 12.55 P.M., Avtar Singh, who is working as agent of Truck Union Sangrur, came to his office and put one licence form on his table in a angry mood and asked him to affix his signatures and started abusing him. Before, he could say anything, Avtar Vineet Gulati 2017.07.26 10:04 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-17377 of 2017 -2Singh caught hold him from his neck and started giving slaps. He also torn the receipt book No.962101 to 962200 pertaining to traffic challan after snatching from his hand.

Keeping in view the facts and circumstances of the present case, I do not find it a fit case where FIR is liable to be quashed. As per the allegations, the accused torn the receipt book pertaining to traffic challan after snatching it from the hand of the complainant. He also caught hold the complainant from neck, who was performing his official duty in the office also abused him and gave slaps.

Learned counsel for the petitioner contended that competent authority has given the permission to compound the offence. Even if it is taken as it is, even then, it is the discretion of this Court to see that in which cases FIR is to be quashed on the basis of the compromise or not. Keeping in view the allegations in the FIR, I do not find it a fit case where FIR should be quashed on the basis of the compromise. Therefore, finding no merit in the present petition, the same is dismissed.

July 18, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.07.26 10:04 I attest to the accuracy and authenticity of this document Chandigarh