IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASGURPREET SINGH PURI, J.
Ashok Kumar – Petitioner
Versus
State of Haryana & Anr. – Respondents
CRM-M NO. 56442 of 2022 (O&M)
Decided On : 28-11-2023
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.124 dated 01.05.2022, under Sections 323, 506 IPC (Section 34 IPC added later on) and Sections 75 and 82 of Juvenile Justice (Care and Protection of Children), Act, 2015, registered at Police Station Civil Lines Jind, District Jind, Haryana alongwith all other consequential proceedings.
2. The contents of the present FIR as translated by the petitioner and attached alongwith the present petition as Annexure P-1 is reproduced as under:-
3. Mr. Aman Pal, Advocate appearing on behalf of the petitioner submitted that in the present case the allegations were that there was one boy namely, Yuwan of the age of 9 years and he was a student of one Royal Defence Academy, village Habetpur near Sector 8-9, District Jind and he was preparing for admission to the Army School. On 01.05.2022, the present FIR was lodged on the basis of the allegations made by the father of the aforesaid child that on 30.04.2022 i.e. one day prior to the lodging of the FIR, he took his son from the academy for the birthday of his younger son and he saw injury marks on the body of the child and he got scared and he was told by him that one teacher namely, Vivek who is also a co-accused in the present case had beaten him up with a plastic pipe on his legs and back many times for the purpose of inflicting corporal punishment for some mischief done by him while playing. Thereafter, on asking from him politely, he also informed that on 22.04.2022, when he could not solve one mathematics problem, he was beaten
The court can quash FIRs when no specific allegations are made against a party, especially if the main accused's FIR has been quashed based on compromise.
No substantial basis for the alleged offences; teachers' actions aimed at educational discipline do not constitute cruelty.
Amicable settlement among parties can justify quashing an FIR when the injury is minor and the accused are not habitual offenders.
FIRs filed with malicious intent, especially as retaliatory actions, can be quashed to prevent abuse of legal processes. The court emphasized safeguarding against harassment in the judicial system.
Corporal punishment by a teacher may not constitute an offence if it is performed with a bona fide intention to maintain discipline, as established under relevant IPC and JJ Act provisions.
The main legal point established in the judgment is that the inherent power under Section 482 Cr.PC can be exercised to quash criminal proceedings based on an amicable settlement, even in cases of no....
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