- (1.) The petitioners, Kuldip Kumar and others have brought this petition under the provisions of section 482 Cr. P.C. for quashing of FIR No. 49 dated 8.6.2011 registered at Police Station Rahon, District S.B.S. Nagar for an offence punishable under section 160 of Indian Penal Code alongwith all the subsequent proceedings arising therefrom being wholly illegal and abuse of the process of law.
(2.) Briefly mentioning, the FIR is to the effect that Head Constable Tara Ram alongwith other police officials was present at Bus Stand, Rahon where he received a secret information that Kuldip Kumar, Sanjeev Kumar and Balwinder Singh on one side and Baldev Singh, Amandeep Singh and Parminder Singh on the other side, armed with .. weapons, were standing at Bus Stand Mehrampur for fighting and that their act would disturb public peace.
(3.) Learned counsel for the petitioners has submitted that the contents of the FIR as well as the contents of the reply submitted by Satish Kumar Malhotra, Deputy Superintendent of Police, S.B.S. Nagar by way of affidavit, clearly show that the parties had not entered into any scuffle. According to him, in the reply, the D.S.P. has stated that the two parties were present at Bus Stand Mehrampur with dangs, baseball bats etc. and were about to commit affray. According to him, they are alleged to be about to commit affray but they did not commit affray and, therefore, no offence under section 160 IPC has been committed by the petitioners. He has placed reliance in this regard on two decisions; one of this court and the other of Hon'ble Andhra Pradesh High Court, reported as Puran Chand Vs. The State,1963 PLR 813 and C.;