JUDGMENT : Dharam Chand Chaudhary, J. Heard further. 2. The present is a case where FIR No. 272 of 2014 registered against the accused-petitioners, none else but students of Govt. Degree College, Una under Sections 341 and 143 IPC in Police Station Sadar Una, has been sought to be quashed and set aside on the grounds that they are innocent having not committed any offence and also that they being college students the continuation of the proceedings in the case registered against them is likely to mar their future career. Also that, allowing the proceedings against them to continue would amount to abuse of process of law because the intention of the petitioners and others, who as a matter of fact had organized “Dharna” (protest) on being felt annoyed and distressed on account of murder of one of their fellow student had no intention to cause any harm to anyone or to commit any offence and they rather had been protesting peacefully against the local police, which allegedly failed to take prompt action against the culprits responsible for the murder of their fellow student Aditya Prashar. 3. This Court has observed in the order passed on the previous date that no case under Section 341 of the Indian Penal Code is even made out prima-facie also against either of the accused-petitioners. Learned counsel representing the parties were called upon to assist this Court as to what offence could be said to have been committed by the accused-petitioners, who as a matter of fact were protesting on account of murder of one of their college mate, by way of blocking National Highway Una to Nangal. Nothing to this effect, however, has been brought to the notice of this Court during the course of arguments addressed today. Therefore, when no case under Section 341 IPC is found to be made out against the accused-petitioners, it is doubtful that they have committed an offence under Section 143 IPC as the record reveals that no tangible material has been brought on record during the investigation conducted by the police that they were the members of unlawful assembly and the said assembly had some motive to achieve and as such they had meeting of minds and in furtherance of their common object committed some offence. Local Police has registered the case against the accused-petitioners suo motu.
Local Police has registered the case against the accused-petitioners suo motu. No person, either individually or on behalf of general public, has come forward and made complaint or lodged report against either of the accused petitioners. 4. As already pointed out, the record is not suggestive that the accused-petitioners had intended to commit any offence. Since they had blocked the road and were on “Dharna” (protest), therefore, the local police and for that matter the administration, at the most, could have resorted to ways and means to disburse them from the place of occurrence and removed the blockade on the road. The accused-petitioners are young college going students. They mostly are girl students and as such allowing criminal proceedings to continue against them will not only adversely affect their career but also result in other complications, more serious in nature and that too when no case is made out against them, including social stigma. 5. As a sequel, allowing criminal proceedings launched against the accused-petitioners would not only be harsh to them but also oppressive and rather would amount to abuse of process of law. I, therefore, quash FIR No. 272 of 2014 registered against them in Police Station Sadar Una under Sections 341 and 143 of the IPC and also the consequential proceedings in case No. 85/2015, RBT No. 218-II of 2017/2015, pending disposal in the Court of JMIC Court No. (IV), Una. The petition is accordingly allowed and stands disposed of.