DES RAJ Vs. SATISH KUMAR

JUDGEMENT

(1.) DES Raj and others have come to this Court in this Criminal Miscellaneous under section 482 of the Code of Criminal Procedure for quashing of the complaint under sections 420, 406, 505, 506, 148/49 Indian Penal Code, Annexure P3, pending in the Court of the Judicial Magistrate 1 Class, Ferozepur and the summoning order dated 16-11-90 passed therein.

(2.) BRIEFLY stated, the facts are that Satish Kumar, respondent herein presented a complaint in the Court of the Magistrate, Ist Class, Ferozepur on the allegation that there being disturbance in the Punjab, Des Raj petitioner 1 (husband of complainant's father's sister) and his son Kul Bhushan petitioner 2 persuaded the respondent and his father to acquire some land to start some work at Sonepat and to enter into partnership with them Plot measuring 1-1/4 Kanals in village Jawahri, District Sonepat was jointly purchased by the respondent Kul Bhushan and the petitioner and M/s Durga Oil Flour Mills was started as partnership-firm. The respondent had 1/2 share in the partnership firm. The firm earned profit and a sum of Rs. 1,49,817/50 as his share was still lying in deposit in the account of the said partnership firm. Instead of making payment, petitioners 1 and 2 tried to get an agreement of sate executed with respect to his share for a paltry amount of Rs. 20,000/- to which he did not agree. The petitioners were then requested to make payment. A notice was also served in this respect. On 6.12.1988, the petitioners, in presence of a Panchayat, gave out threats that either the respondent should effect a compromise or else he or his father or some other member of their family would be done to death. The matter was then reported to the Police, but no action was taken. Hence, the impugned complaint.

(3.) THE learned counsel for the petitioners urges that the complaint had been filed after a lapse of one year from the date of alleged occurrence and clearly there were civil disputes pending between the parties and the prosecution had been launched in order to enforce the recovery of the amount in question which they claim to be unlawful.