SURTA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SURTA Ram, Rasal, Jarnail and Nakli, residents of village Mukandpur, Tehsil Derabassi, District S.A.S. Nagar Mohali, have filed petition under Section 482 Cr.P.C. seeking quashing of FIR No. 92 dated 18.7.2008 registered at Police Station Derabassi, District S.A.S. Nagar Mohali under Sections 452, 323, 355, 294, 506 34 IPC and Sections 3 & 4 of the Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act").

(2.) PALA Singh, respondent No. 2 had lodged the FIR. He has stated that he is resident of village Mukandpur, Police Station Derabassi and District S.A.S. Nagar Mohali and doing labour work. His neighbourer Tarsem Singh's wife is Panch. He has got friendship with Tarsem Singh. On 13.7.2008 at around 6.00 A.M. when he was having a tea while sitting in the courtyard of his house, then all the four accused entered in his house, started abusing him and gave him beating. It is stated that they called respondent No. 2-complainant by name of his caste and stated that they would make the people like respondent difficult to walk in the village. It was further stated that whenever persons of the caste of petitioner move in the village unparliamentary language was used and restrain was put on their movement.

(3.) PALA Singh, respondent No. 2, has also submitted affidavit in support of compromise arrived between the parties. Pala Singh, respondent No. 2, is also present in the Court. He has been identified by his counsel Mr. S.M. Sharma, Advocate. Kashmira Singh, Assistant Sub Inspector, Police Station Derabassi, is present in the Court to assist counsel for the State. He has also identified Pala Singh, respondent No. 2. He has stated that accused have regretted the incident and have sought the apology. He further stated that since he is resident of village and it is in the interest of all that everlasting peace, amity and harmony is ensured in the village, therefore, the present FIR be quashed.