MUNISH CHAUDHARY Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. seeking quashing of FIR No.147 dated 14.5.2011, registered against the petitioners under sections 147, 148, 186, 332, 342, 353, 452, 506 IPC at Police Station Sector 17, Chandigarh, inter alia on the ground of compromise.

(2.) IT appears, aforesaid FIR was registered on the basis of a complaint made by a constable namely, Ram Karan, who alleged that petitioners entered the court room of Parinder Singh, Judicial Magistrate 1st Class, Chandigarh on 14.5.2011 and created a ruckus. They caused certain injuries to the complainant. In the process a scuffle took place and fluffer of uniform of SHO, Police Station Sector 17, Chandigarh was torn.

(3.) LEARNED senior counsel for the petitioners contends that incident occurred as there was a private dispute existing between complainant Ram Karan and one Kartar Singh Thakur and his son Harinder Singh. According to him, even perusal of FIR would show that both sides had a altercation on 12.5.2011, pursuant to which two FIRs i.e. FIR Nos.135 and 136 were registered at Police Station Manimajra, U.T., Chandigarh under various sections. Referring to orders Annexures P -7 and P -8 dated 22.2.2013, he submits that both FIRs were quashed by this court pursuant to a compromise arrived at between the parties. He further submits that pursuant to direction issued by this court, statements of effected parties have been recorded in this case. Perusal thereof would show that parties do not want to pursue the matter any further and have entered into a compromise. He points out that petitioners were also summoned by a Division Bench of this Court in view of reference made by Civil Judge (Jr. Division), Chandigarh on 14.5.2011. Notice was, however, discharged as unconditional apology was tendered by the petitioners. In support of his prayer for quashing of FIR, he has relied upon order dated 11.3.2013, passed by the Division Bench of this court in CWP No.4964 of 2013 titled as "Court on its own motion Vs. U.T., Chandigarh and others".