ABHISHEK AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing of FIR No. 236 dated 2.12.2016 (Annexure P/1) under Sections 323, 506, 379-B, 148 and 149 IPC (though the petitioners have been discharged under Section 379-B IPC by learned Additional Sessions Judge) and Sections 25 and 27 of the Arms Act, registered at Police Station City Moga, District Moga and for quashing of challan dated 12.2.2017 (Annexure P/2) and all subsequent proceedings arising therefrom.

(2.) Challan in the present case was submitted on 4.5.2017. The petitioners had filed an application before learned Court of Sessions on 19.9.2017 for discharge of the accused and learned Additional Sessions Judge, Moga vide order dated 10.9.2018 (Annexure P/4) had come to the conclusion that no offence under Section 379-B IPC is made out and as such all the accused were discharged under Section 379-B IPC. However, the learned Additional Sessions Judge gave finding that rest of the offences are prima facie made out against the accused persons which are triable by the Magistrate.

(3.) Learned counsel for the petitioners, at the time of arguments, contended that as per version in the FIR, alleged injury suffered by the complainant, Khagesh Singla is simpliciter redish contusion on the right side of the face involving eye-lid of right eye and the said injury is so depicted in the MLR, dated 28.11.2016 (Annexure P/5). Quashing of FIR is sought on the grounds that there is no recovery of any weapon for causing the injury and no case is made out for the offence punishable under Sections 506, 148 and 149 IPC and there is no criminal intimidation by any of the petitioners. Both the eye-witnesses have not supported the case of the prosecution at the investigation stage and at the enquiry proceedings. As such, the present FIR is liable to be quashed.