SHAMSHER SINGH Vs. STATE

JUDGEMENT

(1.) BY this common order I shall dispose of the aforesaid two petitions arising out of two cross cases, i. e. arising out of FIR No. 255/2004 under sections 308/324/506/34 IPC registered at Police Station Ambedkar Nagar and complaint case No. 727/01 dated 01. 06. 2004 titled as Shamsher Singh v. Satbir Singh and Ors. pending in the Court of Shri Gauram Manan, learned M. M. Patiala House Court, New Delhi. Crl. M. C. 2452-55/2005

(2.) CRL. M. C. 2452-55/2005 has been filed for quashing the chargesheet and all the criminal proceedings emanating therefrom against the petitioners arising out of FIR No. 255/2004 under Sections 308/324/506/34 ipc registered at Police Station Ambedkar Nagar, Delhi pending in the court of Shri Brijesh Garg, learned M. M. , New Delhi. The petitioners in this case are seeking quashing of FIR on the ground that they have been falsely implicated by the complainant who in fact had got registered the FIR out of mala fide, greed and frustration of failing in their litigation upon khasra No. 507 and 529 at over a dozen legal forums since 1983. These khasras are the very plots of land where the occurrence as alleged in the FIR and the chargesheet in the instant case has taken place on the very next day of petitioner No. 1 taking over possession of khasra No. 507 from the court-baliff. The said plots of land are under litigation between the family of the petitioners and the complainant in this case for the last past 22 years.

(3.) IT is submitted that the warrants of possession in respect of the said plots of land were issued by the learned Civil Judge, Delhi on 24. 05. 2004 and consequently the petitioners were handed over the possession of khasra no. 507 by the court-baliff on 25. 05. 2004, while the instant FIR is dated 26. 05. 2004. It would be note-worthy that the possession of khasra No. 529 could not be handed over to petitioner No. 1 by the court-baliff on 25. 05. 2004 for the reason of violent resistance posed by the complainant family. To this effect the petitioner No. 1 filed an application for police aid before the executing court. Such resistance from the complainant family also finds mention in the report filed by the court-baliff before the executing court. It is submitted that the complainant at whose instance the FIR was registered has preferred the instant complaint as also another FIR against the petitioners with a motive to harass and extract money from them.