- (1.) Quashing of FIR No. 50 dated 10.03.2008 under Sections 342/363/366/376-II(G)/392/34 of IPC, registered at Police Station Sadar, Hoshiarpur, District Hoshiarpur is being sought, on the basis of compromise 01.03.2011 (Annexure P-3).
(2.) F.I.R was registered at the instance of respondent No. 2. The allegations are that on 07.03.2008, she had gone to meet her maternal aunt Chanan Kaur in Hoshiarpur. She took the assistance of her cousin brother Balbir Singh to go back to home who dropped her on his scooter at Chowk Lohia. At about 8.30 P.M, one Indica car bearing No. 6870 came near to her in which three young men were sitting who forcibly took the complainant in their car. Thereafter, they drove the car to Chintpurni road. They took her to village Gagret in a residential room on the roof of the building of the State Bank of India. She further submitted that Surinder Mohan Garg, Assistant Manager committed rape upon her without consent. The other three boys also committed rape upon her turn by turn. In this background, the F.I.R was registered against one Surinder Mohan Garg and three unknown persons.
(3.) After registration of the F.I.R, on 28.05.2008, respondent No. 2 got recorded her statement u/s 164 Cr.P.C before the Illaqa Magistrate, Hoshiarpur and stated that Surinder Mohan never committed raper upon her. Thereafter, the police declared Surinder Mohan as innocent. After two months from the registration of the F.I.R, respondent No. 2 in order to stand the case against the un-known persons, named the petitioners and one Anil Kumar. Thereafter, Magistrate vide order dated 05.07.2010 declared petitioner Nos. 1 and 2 as proclaimed offenders whereas petitioner No 3 was released on regular bail and he joined proceedings.;