BALDEV SINGH Vs. DHANNA RAM @ DHANINDER KUMAR

JUDGEMENT

(1.) The present petition under Section 482, Code of Criminal Procedure, has been filed for quashing the complaint dated February 8, 1993 (Annexure P2) and the summoning order dated July 24, 1993 passed by the Judicial Magistrate 1st Class, Ambala City (Annexure P3).

(2.) Briefly the facts of the case are that the complainant-respondent, who was a Sarpanch of village Fatehpur, Tehsil Kalka, District Ambala, issued notice to the petitioner to vacate the Kariana shop, which was constructed on the Panchayat land. The petitioner did not vacate the same, as a result of which there were inimical relations between the petitioner and the respondent. As the respondent-complainant tried to dispossess the petitioner from the shop, a complaint was filed under Sections 323, 427 and 506, Indian Penal Code, by the accused-petitioner against the complainant-respondent on January 29, 1991, in which various allegations were levelled against the present complainant-respondent.

(3.) Asa counter blast to the complaint filed by the accused-petitioner, the respondent also filed a complaint on February 8, 1993 under Section 500, Indian Penal Code, wherein it was alleged that the accused-petitioner had levelled false; malicious, scandalous and defamatory allegations against the complainant-respondent. It was also alleged that the petitioner had defamed the complainant by filing a false and frivolous complaint against him and that the accused has lower his image in the estimation of various persons on account of the false and defamatory allegations.