202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:13.02.2025 Dilbag Singh and others ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Prateek Sodhi, Advocate for the petitioners.

Mr. Nitesh Sharma, DAG, Punjab.

Mr. Sarbjit Singh, Advocate for respondent No.2.

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HARPREET SINGH BRAR , J. (ORAL)

1. Instant petition has been filed under Section 482 Cr.PC seeking quashing of order dated 06.05.2024 (Annexure P-7) passed by the Ld. Judicial Magistrate Ist Class, Ajnala whereby the cancellation report was rejected and the matter was sent back for re-investigation in FIR No.308 dated 13.10.2020 under Sections 326/324/506/148/149 of IPC, 1860, registered at Police Station Lopoke, District Amritsar Rural (Annexure P-1). Further prayer has been made for quashing of FIR (supra) along with all subsequent proceedings arising therefrom qua the petitioners.

2. The brief facts of the prosecution case are that a complaint was made by the complainant stating therein that on 28.09.2020 at around 8:30 pm complainant was standing near Meter box then in the meanwhile Dilbag Singh (petitioner No.1) armed with Sickle, Roshan Singh (petitioner No.2) armed with Baton, Jashandeep Singh (petitioner No.3) empty handed, Laljit Singh (petitioner No.4) armed with splinter, Jagroop Singh (petitioner No.5) armed with spade and Sarup Singh armed with Sickle came there and Jashandeep raised challenge that caught hold of complainant and teach him a lesson for hurling vituperation, then Dilbagh Singh (petitioner No.1) attacked with his Sickle which hit directly upon his left leg and rest all also started assaulting him. The complainant raised clamour of killed-killed, then his father Balwinder Singh and his wife Gurwinder Kaur rushed there to disengage him and the accused also bullyragged and slapped his father a lot and tore cloths of his wife and even they raised clamour of killed-killed, then upon hearing the clamour, his Uncle (Chacha) Joginder Singh son of Phula Singh also came to the spot, in the meanwhile his brother Mandeep Singh also came from fields. Upon seeing him all the assailants fled from the spot along with their weapons towards their respective homes. Then on next day the complainant got admitted in Civil Hospital for treatment, where the Doctor after giving treatment had discharged him. The cause of grudge is that on 11.06.2020 his son Khushbir Singh had gone out of the village along with cattle at the Canal then at that time he came to know that his son has been assaulted and was drowned in the water, as a result of which his death had taken place. Apart from that they also used to give threats to withdraw the applications which have been filed against them, otherwise he shall have to face dire consequences. Due to said grudge itself they have inflicted injuries to him. Till date they kept on putting pressure upon him for arriving at a compromise. And due to suffering substantial injuries, he could not walk freely. With these allegations, FIR (supra) was registered.

3. Learned counsel for the petitioners, inter alia, contends that the investigation was conducted and Investigating Officer had sought the opinion of the concerned Medical Officer with respect to the injury suffered by respondent No.2 and the Medical Officer had clearly opined that the possibility of friendly hand cannot be ruled out. Further during the investigation it was found that there was previous animosities inter se the parties as son of respondent No.2 had accidentally died by drowning on June 11, 2020 and in this regard respondent No.2 had alleged that petitioners had killed his son. However, the said allegations were found false. Due to this grudge, respondent No.2 had again given a false complaint against the petitioners and also there is an unexplained delay of 13 days in lodging the FIR. Accordingly, cancellation report was filed, stating that no police interference was warr