JOGESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), relates to quashment of FIR No. 18, dated 28.1.1989, registered at Police Station, Sadar Nabha, against the petitioner and his other four co-accused under Sections 323/325/452/427/148/149 IPC.

(2.) IN brief, the facts relevant for the disposal of this petition, as emerge from the impugned first information report are that on 28.1.1989, petitioner, his brother Madan Lal and latter's sons Asin and Kala and Ashok Kumar, under the influence of liquor, demolished the wall of the first informant at night. This fact was disclosed to the complainant party after they were called by the petitioner and his other co-accused from inside their house. Then the complainant side was taken near the demolished wall. Thereafter, the complainant returned to his house. At that stage, the brother of the complaint questioned as to why the accused party had demolished the wall and that the matter be reported to the Panchayat. The accused party then dragged the complainant's brother and abused him. The complainant Bhim Chand tried to intervene to save his brother. Bhim Chand was given beating and the women folk of the house were also given beating. In this confusion the complainant lost his watch and the gold ear-rings of his wife. Complainant, his mother, women folk of the house and his brother received beating at the hands of the accused party and thereafter the accused party is said to have run away. Present petitioner who is Deputy Commandant in the Punjab Home Guards, was also stated to be present in his uniform and after the episode he is said to have run away to Amritsar at about mid-night.

(3.) BY now, it is well settled that in order to quash first information report or complaint, only the allegations set out in the first information report or complaint have to be considered, and, taken at their face value for deciding, as to whether such allegations constitute, or spell out any offence. If from such allegations, no specific offence against a particular accused has been made out, and, the proceedings initiated on the basis of the impugned first information report or complaint, amount to abuse of the process of the Court, then the first information report or complaint can be quashed under Section 482 of the Code.