GULZAR SINGH Vs. STATE OF PUNJAB & ANR

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, (in short 'the Cr.P.C.) for quashing FIR No.97 dated 2.11.2011 under Sections 326, 323 read with Section 34 of the Indian Penal Code (in short 'the IPC') Police Station Ghania Ke Bangar Police District Batala, District Gurdaspur and consequent proceedings.

(2.) As per the prosecution allegations, Antarprit Kaur, the daughter of complainant/respondent No.2-Shahbaj Singh, was married with Harjot Singh, the son of the petitioner. The matrimonial dispute took place between them and the litigation was pending. The complainant has filed a case under Section 498-A of the IPC against the in-laws of his daughter which was pending in the Court of SDJM, Batala. That on 21.10.2011, he along with his family members and son Paramvir Singh came to attend the Court. When they were returning to their village and reached at some distance ahead of Pulli Janglan on their motorcycle, a car bearing registration No.PB-81-S 0995 came from behind and struck the motorcycle as a result of which they fell down. Thereafter, Harjot Singh armed with Kirpan, present petitioner Gulzar Singh armed with Kirpan, Avtar Singh armed with baseball bat, Majja Singh armed with datar, one unidentified person armed with hockey and Gurmit Singh driver of Manjit Kaur caused injuries to the complainant and his son as a result of which this case has been registered.

(3.) Learned counsel for the petitioner contended that the present case has been got falsely registered by respondent No.2. An enquiry in the matter was conducted by DSP Fatehgarh Churian and Gurmit Singh, the driver of Manjit Kaur, was not found to be involved in this occurrence. Due to this finding in the enquiry, the whole prosecution version collapses as it is the main allegation that Gurmit Singh hit the motorcycle with car. The complainant and his son fell down and thereafter, they were caused the injuries.