AJAY & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Ajay, Sh. Yograj, Sh. Pradeep Singh and Sh. Mahender Singh for quashing of FIR No 305/2012 dated 17.09.2012, under Sections 308/34 IPC registered at Police Station Geeta Colony on the basis of the Compromise Deed arrived at between the petitioners and respondent no. 2, namely, Sh. Harbinder Chopra @ Ravi on 23.02.2016.

(2.) Learned Additional Public Prosecutor for respondent -State submitted that the respondent no.2, present in the Court has been identified to be the complainant/first informant in the FIR in question by his counsel.

(3.) The factual matrix of the present case is that on 05.09.2011, accused nos.1 and 3 took vengeance against the complainant and broke the front glass of TSR bearing no. 1R -G -2323 of the complainant which was parked in front of his house and when he made a call to the police, accused nos. 1 and 2 ran away from the spot. Therefore, the complainant made a call to the police against the wrongful act and conduct of the accused persons. Ever since the filing of the said complaint by the complainant, the accused persons had been threatening and pressurizing him to withdraw the same, otherwise they would kill the complainant. On 08.10.2011 at about 9.30 p.m. when the complainant was on his way to purchase medicines, the accused persons gathered and retrained the complainant's way and gave him repeated blows on his head with an iron bar as a result of which the complainant received severe head injuries. However, the doctors in connivance with the police officers and the accused persons remarked the injuries being simple despite the fact that the complainant received 15 stitches on his head, so as to save the accused persons from being booked under sections 307/341/34 IPC. The complainant many a times visited the Geeta Colony police station and met with the higher police officials for lodging a complaint under sections 307/341/34 against the accused persons but all the efforts made by him went in vain. Thereafter, the complaint was lodged by the complainant at the instance of which, the FIR in question was registered against the accused persons. During the pendency of the trial, the parties entered into a settlement.