NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), seeking quashing of FIR No. 141 dated 2.8.2001 registered under Sections 448, 452, 457, 380, 427, 323 read with Section 34 I.P.C. with Police Station, Basti Jodhewal, Ludhiana, copy of which is Annexure-P.1.

(2.) MOHAMMAD Zahur Alam lodged a report with the Police. According to him, he had been residing with his family as a tenant of Nirmal Kaur wife of Jarnail Singh in a portion of the house situated in Gali No. 2-B, Mohalla Gujjran Basti, Rahon Road, Ludhiana for the last two years on monthly rent of Rs. 1,000/-. He had kept his articles in the room located on the first floor. On 26.7.2001 at about 9.00 a.m. Nirmal Kaur and his sons Bhupinder Singh and Lakhwinder Singh and son-in-law Nirmal Singh came to the room in occupation of the complainant in his absence. Wife of the complainant and his children were present there. They asked his wife to vacate the room in their occupation. Son of the complainant informed them that his father was not at home and they can talk to him in this regard. Thereafter they started beating his wife and son. On the alarm raised by her all the accused left that place. On the same day at about 10.30 p.m. Nirmal Kaur in the company of her sons and son-in-law again visited the complainant and broke open the door of the room on first floor. They ransacked that room and threw the goods out of the room in the courtyard on the ground floor. On the alarm raised by the wife of the complainant, the above named accused ran away. The complainant returned to the house at about 11.00 in the night and the incident was narrated to him by his wife. Thereafter, the present report was lodged by him.

(3.) IN pursuance to the notice given to the State, reply has been filed by Harmohan Singh, PPS, Deputy Superintendent of Police, Rural, Ludhiana on behalf of respondent No. 1, wherein it is stated that compromise has been effected as stated in the petition but the offence mentioned in the FIR is not compoundable and for that reason a challan has been put in by the Police in the Court.