KULDEEP SINGH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under Sec. 482 Cr.PC with a prayer to quash the proceedings of G.R Case No. 89(S) of 2018 and GR Case No. 84(S) of 2019 pending before the Court of the learned Judicial Magistrate First Class (JMFC) at Shillong.

(2.) On perusal of the petition, what could be understood is that an incident which occurred on 1/7/2018 in which some boys were playing cricket and in the process, the ball landed on the terrace of the residential quarter of the petitioner No. 1 herein and while the said boys were trying to retrieve the ball, facing resistance from the petitioner No. 1 and his son who refused to open the door of the terrace, an altercation took place as a result of which some of the persons involved suffered injuries on their person. This led to the filing of an FIR dtd. 1/7/2018 by the petitioner No. 2 herein which was registered as Shillong Sadar P.S Case No. 139 (07) 2018 under Ss. 506/323/324/34 IPC against Shri. Kuldeep Singh (petitioner No. 1) and his son Gurjeet Singh as well as their neighbour Shri. Gurmeet Singh who were arrested and subsequently released on bail.

(3.) A counter FIR was filed by Shri. Gurjeet Singh, the son of the petitioner No. 1 on the same day that is, on 1/7/2018 against Shri. Santosh Kumar Rai, Shri. Dilip Kumar Rai and Shri. Pankaj Kumar Rai resulting in registration of a criminal case being Shillong Sadar P.S Case No. 140 (07) of 2018 under Ss. 295A/447/323/324/34 IPC and the arrest of the abovementioned accused who were also subsequently enlarged on bail.