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2023 Supreme(P&H) 2299

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

Advocates Appeared:
Mr. Aman Pal, Advocate; For the Petitioner
Mr. Naveen Kumar Sheoran, DAG, Haryana.
None for Respondents No.2.

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.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 75 and 82 - Petition for quashing of FIR alleging corporal punishment against a child - Allegations against the Director of the academy were not substantiated; main accused's FIR quashed on compromise - No prosecution in interest of justice. (Paras 1, 7, 8)

(B) Vicarious Liability - Section 34 IPC - Director held vicariously liable without direct allegations against him - No basis for charges under IPC sections against the petitioner. (Paras 3, 4, 5)

Facts of the case:
The petitioner, Director of an academy, was accused in an FIR for alleged corporal punishment inflicted on a child by a co-accused teacher. The child had visible injuries reported by his father, leading to the FIR. The teacher's actions were the primary focus, with no direct allegations against the petitioner.

Findings of Court:
The court found that the main accused had compromised with the complainant, leading to the quashing of the FIR against him, which also warranted quashing against the petitioner due to lack of direct allegations.

Issues: Whether the FIR against the petitioner could be sustained when the main accused had already compromised and had his FIR quashed.

Ratio Decidendi: The court held that in the absence of direct allegations against the petitioner and considering the compromise by the main accused, further prosecution would not serve justice.

Result: Petition allowed; FIR quashed against the petitioner.

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:-

    "To the SHO Police Station Civil Lines Jind. Subject:- About Beating child in the hostel of academy. Respected Sir it is submitted that my son namely Yuwan aged 9 years S/o Harsh Mor was admitted to Royal Defence Academy situated at village Habetpur near sector 8-9, district Jind on 25.03.2022 for preparation to get admission in Sainik School. My son was badly beaten by a teach namely Vivek with a plastic pipe, due to which he had serious injury mark on his thighs and legs. A copy of medical report has been attached herewith. On 30.04.2022 at about 4 PM I brought my child from academy to my house for the celebration of birthday of his younger brother. At about 8 PM when I was changing his cloths than I saw marks of injury on his body, when I asked my son about the same he got panicked. When I repeatedly asked him than he told me that due to his naughty behaviour while playing Vivek sir gave beatings with a plastic pipe on his back and legs as punishment. My son kept crying and requesting him to leave him but he still gave injuries to the child and threated him that he will kill him and he directed him that he shall not disclose this fact to his family When Yuwan was asked with love than he disclosed that on Friday 22nd April 2022 also he was beaten the same way as he failed to solve question of mathematics and due to the same he was in pain for 3-4 days and he was not even able to sleep. The management of the academy did not provided any medicine for his injuries. The child is mentally harassed and silent. Due to the fear of management of academy the child was not able to disclose about the incident to me when I went to meet him on Sunday 24th April 2022. He disclosed all these facts on 30.04.2022 at Narwana when we asked him with love. It is an humble request to you that the matter may be investigated and strict legal action may be taken against the management of the academy and teacher Vivek, who are responsible for mental and physical harassment of my child. In this matter a complaint is also sent to Hon'ble Chief Minister through CM window and to Home Minister of Haryana government Anil Vij and to Child Welfare officer by Harsh Mor Advocate. It is therefore against requested from you that a strict legal action may be taken against the accused persons. SD/- Harsh, Harsh Mor Father of Yuwan, Advocate Narwana."

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

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