SUNIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matter is taken up for hearing through video conference due to COVID-19 situation.

(2.) This is a petition under Section 482 of the Cr.P.C. for quashing of FIR No.106, dated 8th April, 2020 under Sections 353, 333, 307, 188, 186 and 120-B of the Indian Penal Code, 1860, ('IPC') Section 25 of the Arms Act,1959 and Section 51 of the Disaster Management Act, 2005 registered at Police Station Sadar, Jind. The quashing is sought on the basis of compromise arrived at between the parties on 17th November, 2020. The annexures to the petition are the FIR, copy of compromise, affidavit of the complainant supporting the compromise and copy of Aadhaar Card.

(3.) The FIR was at the instance of Deepak. A barricade was erected near Arya Vidhya Mandir School on Behbalpur Road at Ghimana. At about 3-4 P.M. on 07.04.2020, Sandeep and Deepak resident of village Ghimana came on a motorcycle, they were not wearing the masks and were wandering without any reason. The complainant and Manjeet asked them about their movement and non wearing of masks as there was pandemic situation. They threatened that in case they are stopped, the complainant would be shot down. On the same day at about 9:00 P.M., a Splendor motorcycle driven by Manjeet came at the barricade, Sunil @ Sunila was pillion rider. The motorcyclists asked the complainant complainant as to why Sandeep and Deepak were stopped. Sunil @ Sunila fired a shot with the pistol, the bullet hit the complainant on left corner of the chest. The complainant fell down, thinking that he is dead, the motorcyclists fled the scene. They also fired shorts in front of house of Amit.