HIMANSHU Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of FIR No. 207 of 2023 dtd. 18/12/2023, registered at Police Station Jawali, District Kangra, H.P., for the commission of offences punishable under Ss. 323, 325, 504, 506 and 201 read with Sec. 34 of the Indian Penal Code (IPC) and consequential proceedings arising out of the FIR.

(2.) Briefly stated, the facts giving rise to the present petition are that the informant, Baryam Singh, was returning with the grass on 11/12/2023 at about 11:00/11:15 a.m. He saw that the accused, Swaroop Singh, was cutting the branches of the Teeu tree from his (informant's) land. The informant told the accused that the tree belonged to him (the informant). Accused Swaroop Singh threatened to kill the informant with Darati. He also abused the informant. The informant started walking towards his house, and Swaroop Singh inflicted the blow by means of a stick on the informant's head, left shoulder, right arm and right hand of Parveen Kumari and Himanshu ( present petitioner) also came to the spot and started beating the informant. Mukhtiar Singh and other persons came to the spot after hearing the noise. Mukhtiar Singh snatched the stick from Swroop Singh. The matter was reported to the police. The medical examination of the informant was conducted, and the medical officer found grievous injuries which could have been caused by means of a blunt weapon. An F.I.R. was registered in the Police Station, and the investigation was conducted. Swaroop Singh had burnt the stick used in the incident. The police recorded the statements of the witnesses as per their version and filed the charge-sheet before the learned Trial Court for the commission of offences punishable under Ss. 323, 325, 504 and 506 read with Sec. 34 of the IPC.

(3.) Being aggrieved by the filing of chargesheet, the petitioner/accused, Himanshu, has filed the present petition asserting that he had nothing to do with the commission of the crime. He is specially abled, which is evident from the certificate issued by the competent authority. The Investigating Agency had not considered this aspect. The civil suits are pending between the informant and the petitioner's father, and a false case was registered to wreak vengeance upon the petitioner. Hence, it was of prayed that the present petition be allowed and the F.I.R. and consequential proceedings pending before the learned Trial Court be quashed.