- (1.) Quashing of FIR No. 47 dated 22.5.2005 registered under sections 307/353/332/186/427/148/149 IPC at Police Station Kotwali Nabha, District Patiala and the proceedings consequential thereto has been sought in this petition under Section 482 Cr. P. C. on the basis of cancellation report (Annexure P-2) and statement made by the complainant (Annexure P-3).
(2.) On 22.5.2005, the petitioners along with other workers of GSK Factory were agitating against non-regularisation of their services. Some anti-social elements created trouble and scuffle ensued in which some police officials were injured. In this background, the impugned FIR was lodged.
(3.) After investigation, the police prepared cancellation report-Annexure P/2 on 15.1.2006 by taking into account the xray reports and MLRs showing the injuries caused in the incident to be simple in nature. As per the opinion of the doctor also, there was no grievous injury or fracture. Thereafter, complainantrespondent No. 2 made a statement before the court on 26.11.2008 to the effect that he agrees with the police report and he has no objection if the case is cancelled. However, the Presiding Officer of the court did not accept the cancellation report as offence under section 307 IPC was not compoundable. As per reply filed by DSP, Nabha, the case was reinvestigated and Investigating Officer has found that a compromise has been effected between the workers' 11-Member Committee and the GSK Management and that the complainant SI-Jagjiwan Ram does not want to pursue the case. Since no grievous injury was sustained by anyone in the incident, another cancellation report has been prepared which is pending for approval.;