AHWANI SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of the Code of Criminal Procedure (for short 'the Code') seeking quashing of DDR No. 23 dtd. 7/8/2015, registered under Ss. 323, 341, 325 and 34 of IPC at Police Station Sahnewal, District Ludhiana, registered as cross case in FIR No. 148 dtd. 7/8/2015, under Ss. 324, 323, 341, 506 and 34 of IPC at Police Station Sahnewal, District Ludhiana and also for quashing of order dtd. 20/3/2023 (Annexure P-16), whereby the petitioners have been summoned as additional accused in the cross case under Sec. 319 of the Code for facing trial for commission of aforementioned offences.

(2.) Adumbrated facts as emanating from the record are that the aforementioned FIR was registered on the basis of a written complaint submitted by complainant Deepak Sharma alleging that he was married with one Meenakshi on 19/4/2013. There was a matrimonial discord between them, due to which, his father had disowned him from his properties and he had started living alone in a rented accommodation. On 6/8/2015, when he was going towards Sahnewal on his motorbike, he was intercepted by respondent No.2 Harvinder Kumar, who is maternal uncle (Massad) of his wife Meenakshi. He was accompanied by two persons, who were unknown to the complainant. They opened an assault upon him. Harvinder Kumar struck a blow on the left side of complainant's chest with some sharp edged weapon and his companions also caused injuries to him with baseball bats. He raised clamour, on hearing which, some persons had reached at the spot and then the assailants had fled away. The cause of grudge, as narrated by the complainant, was his strained relationship with his wife, who had lodged an FIR under Ss. 498-A, 323 and 406 of IPC against him at Sahnewal.

(3.) After registration of the FIR, investigation proceedings were initiated. Respondent No. 2 Harvinder Kumar recorded his statement on 7/8/2015 alleging that the present petitioners along with Deepak Sharma, i.e. the complainant in the FIR, had caused injuries to him in furtherance of their common intention and had then fled away. The impugned cross case bearing DDR No. 23 was registered against the petitioners. However, they were declared innocent during the course of investigation and the final report in the cross case was submitted against Deepak Sharma and Suresh Sharma only.