Prosecution of the petitioners was found to be malicious, lacking evidentiary basis for allegations of abduction and threats, leading to the quashing of FIRs under Section 482 CrPC.

JUDGMENT

Arvind Singh Sangwan, J. - Both the above-mentioned petitions shall be disposed of by this common Prayer made in the above mentioned petitions is for quashing of the FIR No.RC0512020S0001 dated 29.4.2020 registered at Police Station State Grime Branch, Chandigarh under Sections 452 , 323, 365, 342, 186, 225, 506 and 120-B IPC (earlier registered as FIR No.195 dated 30.8.2014 under Sections 452 , 323, 365, 342, 225, 186, 506, 120-B IPC at Police Station Phase-1, Mohali) as well as all the subsequent proceedings arising out of the same.

2. Learned Senior Counsel appearing for the petitioner-Gautam Cheema submits that initially, FIR No.195 dated 30.8.2019 was got registered by ASI Dilbagh Singh at Police Station Phase-I, Mohali against petitioner- Gautam Cheema, the then Inspector General of Police, one Ajay |Chaudhary and two unknown persons with the allegations that on 26.8.2014 at about 10.45 p.m. he was the duty officer when HC Ramesh Kumar brought a person in the Police Station. He disclosed his name as Sumedh Gulati resident of Mohali and he was a proclaimed offender in FIR No.62 dated 23.3.2014 under Sections 420 , 467, 468, 471 and 120-B IPC registered at Police Station Phase-I, Mohali. When ASI Dilbagh Singh started interrogating him, in the meantime, petitioner- Gautam Cheema, along with Ajay Chaudhary and two unidentified persons came at Police Station in a private car and after disclosing his identity took Sumedh Gulati with him. ASI Dilbagh Singh followed him and they reached Max Hospital, Mohali, where he saw that petitioner-Gautam Cheema, along with 3-4 persons, were present in Room No.2202, where one Kricpy Khera wife of Devinder Singh Gill was admitted.

3. Later on, from the statements of other witnesses, he came to know that the petitioner forcibly took him there and extended threat and gave slap and also issued threat to Kricpy Khera wife of Devinder Singh Gill to withdraw the complaints against him. Thereafter, ASI Dilbagh Singh rescued him and brought him back to the Police Station and arrested him as per rules vide DDR No.48 dated 26.8.2014. On the basis of his complaint, FIR No.195 under Sections 452 , 323, 365, 342, 225, 186, 506 and 120-B IPC was registered against petitioner-Gautam Cheema, Ajay Chaudhary and two unidentified persons.

4. Learned Senior Counsel has further submitted that even one FIR No.135 dated 2.9.2014 was also got registered under Sections 452 , 342, 323, 354, 506 and 120-B IPC read with Section 25 of the ARMS ACT at the instance of aforesaid Kricpy Khera wife of Devinder Singh Gill with the allegations that the petitioner forcibly entered in her room along with Ajay Chaudhary and by pointing a pistol towards Sumedh Gulati, he threatened both of them.

5. Learned Senior Counsel further has submitted that, later on, both the sides gave applications before the higher authorities for conducting the proper investigation and the petitioner-accused alleged that he has been falsely implicated due to mala fide motive of the complainant side whereas even complaints are made by Kricpy Khera with regard to FIR No.135 for fair investigation of the case. Learned Senior Counsel has then referred to an order dated 4.3.2020 passed in CRM-M-30833-2017 filed by Kricpy Khera and others Vs. State of Punjab in which a prayer was made to transfer the investigation of FIR No.135 to CBI as well as another CRM-M-30829-2017 filed by Kricpy Khera and another Vs. State of Punjab and others for transfer of investigation of present FIR No.195 to CBI.

6. Learned Senior Counsel also submits that though the petitioner was not