RAJU TIMIRHARAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Raju Timirharan petition feeks the quashing of the First Information Report No. 27 dated 14-2-90, u/ss 324/323/452 of the Indian Penal Code, registered at Police Station, Civil Lines, Patiala, at the instance of Smt. Saroj Sirhindi, respondent-2 and the proceeding taken thereunder.

(2.) The petitioner is the son of sister of Dr. Parshotam Kumar, husband of complainant Smt. Saroj Sirhindi. Dr. Parshotam Kumar's father Brij Bhushan Lal, owned a house in Yadvindra Colony, Patiala, Dr. Parshotam Kumar and his wife Saroj Sirhindi were living in the first floor of the said house. Brij Bushan Lal brought a civil suit against Dr. Parshotam Kumar and his wife for mandatory injunction, directing them to vacate the house and hand over possession thereof on the basis that he was a licensee and the licence had since been revoked. The suit was decreed in favour of Brij Bushan Lal and the appeal against that judgment and decree was also dismissed. However, Regular Second Appeal is pending in this Court. Pending the civil suit, it had been agreed between the parties to the suit that a passage of 5T711 wide would be left open for use by both the parties. The petitioner is living with Brij Bhushan Lal in the ground floor of the said house which fact is not liked by Dr. Parshotam Kumar and his wife, respondent-2. They had also been accusing the petitioner and his mother for having prompted Brij Lal for disinheriting them and terminating their licence. They had, on a number of times, threatened the petitioner with dire consequences. On 14-2-90 Saroj Sirhindi had a fall by slipping and received minor injuries. She lodged a false report with the Police, accusing the petitioner of causing her injuries. He, thus, seeks the quashing of that F.I.R.

(3.) At this stage, the allegations in the F.I.R. may be noted. According to the statement made by respondent-2 Smt. Saroj Sirhindi at about 9-40 a.m., on 14-2-1990, she had come out of the ground floor latrines and was washing her hands at the water-tap when the petitioner, Raju Timirharan attacked her with a bamboo-stick, raising a Lalkara that she had uprooted her plants. Meanwhile, her husband Dr. Parshotam Kumar arrived at the spot. Some persons of the Mohalla also collected there. Raju Timirharan abused Dr. Parshotam Kumar and made a remark that he would shoot him in the University. She was then taken to the Emergency Ward, Rajindra Hospital, and after getting First Aid, she went to the Court of the Ilaqa Magistrate in connection with a case relating to newspapers.