RAJESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ajay Kumar, learned counsel for the applicants and Sri K.K. Rajbhar, learned A.G.A. for the State.

(2.) The applicant herein has filed the present application u/s 482 Cr.P.C. for quashing of the entire criminal proceeding against the applicants arising out of Criminal Case No. 8326 of 2020, State Vs. Ravikant & Others, relating to case crime no. 1363 of 2018, u/s 147,148, 452, 427, 323, 354-Kha and 506 IPC, P.S. Kotwali Nagar, District Etah, pending in the court of learned Chief Judicial Magistrate Etah as well as quash the charge sheet no. 345 of 2019 dtd. 10/6/2019 submitted by the Investigating Officer.

(3.) Briefly stated facts shorn off unnecessary details are that the opposite party no. 2 lodged the FIR no. 1363 of 2018 on 22/11/2018 before the Police Station Kotwali Nagar, District Etah u/s 147,148, 452, 427, 323, 307, 354-Kha & 506 IPC alleging therein that the opposite party no. 2 is the legally wedded wife of the Amar Singh, R/o Uddaitpur, P.S. Kotwali Nagar, District Etah and she has her own house at Uddaitpur and the opposite party no. 2 was tying her cattle in that house but one Rajesh who happens to be the owner of the small plot just behind the plot of opposite party no. 2, attempted to illegally occupy the property of the opposite party no. 2. According to the opposite party no. 2, she had made a complaint before the police authority regarding the illegal and forcible attempts for taking possession of the land of the opposite party no. 2 in question. However, on 20/11/2018 at about 3 O' clock when the opposite party no. 2 was preparing the feed of the cattle then Rajesh along with Ravikant S/o Charan Singh, Charan Singh S/o unknown, Shushila W/o Rajesh, Ramnath S/o unknown, Pappu S/o Ramnath, Ramsewak S/o Ajvir Singh gathered on a particular point and after discussion, came before the opposite party no. 2 along with the wooden stick and pistol. It is also alleged in the FIR that Pappu was in possession of a pistol and the other accomplishes were having wooden sticks and they wanted to encroach upon the property of the opposite party no. 2 and when the opposite party no. 2 resisted the aforesaid, they started beating her with wooden stick and also humiliated her and further it has been alleged that the they had torn her clothes on account whereof she became semi naked and she started screaming then, the neighbours came in rescue of the opposite party no. 2. At the relevant point of time, Pappu started firing in the air and the aforesaid accused started beating with intention to kill the sons of opposite party no. 2 being Shivam and Veerpal and they also fired upon them and when the aforesaid accused were being resisted by the persons who are standing over there, they ran away.