OM PARKASH AND ORS. Vs. RAVI AND ORS.

JUDGEMENT

(1.) PETITIONERS have prayed for quashing of complaint No. 189/1 dated 01.03.2006 titled as Parveen Vs. Om Parkash & others (Annexure P -3) and summoning order dated 15.06.2013 passed by Judicial Magistrate Ist Class, Rohtak (Annexure P -4) along with entire subsequent proceedings arising therefrom.

(2.) PETITIONERS allege that FIR No. 146 dated 13.03.2006, under Sections 323, 325, 34 IPC was registered in Police Station City, Rohtak against the petitioners on account of an incident which took place on 27.12.2005. Statement of Parveen son of Paras Ram was recorded by the Police in lodging the aforesaid FIR, who stated that his brother Ravi was running STD shop. On 27.12.2005 complainant -Parveen along with his brother -Ravi reached at the turning point of street of their house on a motorcycle. Petitioners No. 1 and 2 were standing there and petitioner No. 4 was also standing there near them. Ravi was riding the motorcycle and the complainant was sitting as pillion rider. Petitioner No. 1 was having the licensed rifle in his hand and he pointed the same at Ravi. Krishan was armed with sharp -edged weapon like Khokhri. Petitioner No. 3 -Gopal was armed with iron handle of a hand pump. Petitioner No. 4 caught hold of the complainant from behind. Complainant raised objection, then in the meantime Krishan petitioner No. 2 got the motorcycle felled down with his leg and gave abuse. Both the occupant of the motor cycle fell down. Krishan gave an iron rod blow on the head of the complainant. Gopal gave a iron handle blow on the face of the complainant. Complainant suffered injury on his teeth. Ravi got up and tried to rescue the complainant, whereupon Krishan gave injuries to Ravi on his head and feet with iron handle. Om Parkash gave blow from rifle butt to Ravi. Krishan inflicted fist blows to both the complainant and his brother. On raising alarm parents of the complainant reached there. On seeing them assailants fled away from the spot. While leaving the place, accused Krishan threatened the complainant that they have been escaped but they would kill them on finding opportunity.

(3.) PETITIONERS faced trial in the aforesaid FIR and during the course of trial the complaint filed by petitioners' side as a cross -case was withdrawn by petitioner No. 2 on the ground that matter has been resolved between the parties. No independent witness was joined by the prosecution at the time of effecting alleged recovery of weapons. Ultimately Additional Chief Judicial Magistrate, Rohtak vide judgment dated 11.07.2013 acquitted the petitioners from the charges under Sections 323, 325, 34 IPC.