JUDGEMENT
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(1.) Quashing of FIR No.45 dated 26.3.2009 registered under
Sections 307, 427, 435, 506, 216 and 34 of IPC and Section 25 of
the Arms Act at Police Station Chhachhrauli, District Yamuna Nagar
and the proceedings consequential thereto are being sought on the
basis of compromise dated 7.5.2011 (Annexure-P.2).
(2.) The FIR was registered on the statement made by
Jitender Singh alias Manga. He is having his own JCB Machine and
has opened his office at Bus Stand Village Kot. On 26.3.2009, he
along with his partner Prahlad and one Maharaj Singh son of Sultan
Singh were sitting in their shop when Sukha son of Pritam having a
pistol in his hand, Bablu son of Naresh having a country made pistol
in his hand, Vicky son of Roshan alias Balla, Deepi son of Karnail,
Sattu son of Jarnail Singh, Pardeep son of Om Parkash, Dara son of
Jai Chand having country made pistols in their respective hands,
Prem Singh having a gun of 12 bore, Isrile son of Mohd. Ali having
iron rod in his hand, Jangprit alias J.P. having iron rod in his hand
along with 4/5 other boys came to the shop on 4/5 motorcycles.
Sukha fired a shot and threatened the complainant. Then Sukha,
Bablu, Vicky, Deepi opened fire upon the complainant with their
respective weapons, which hit the right leg, hand, left Kulha of the
complainant and Prem Singh fired a shot with his gun which hit the
complainant on his left hand. The complainant with his friends
jumped back into the shop and closed the same from inside. Firing
was kept on from out side the shop which hit on the wall of the shop.
After breaking the glass door the boys hit the shutter with their
motorcycles, saria and iron rods and kept on firing from some other
places. On hearing the noise of the people, they fled away from the
spot. The complainant went to Gaba Hospital with his friends for
treatment. The above said persons had fired upon the complainant
with an intention to kill him and his friends. In this background the
impugned FIR was got registered.
(3.) At the stage of recording of evidence, the parties have
entered into a compromise (Annexure-P.2) with the intervention of the
respectable of five villages.;
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