PARAMJIT SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner prays for quashing of the FIR no.68 dated 3.5.2009 registered under Sections 447, 511, 506, 149 IPC at Police Station Payal, Police District Khanna and all consequent proceedings arising therefrom.

(2.) Amidst the backdrop of the possession of some land in which the petitioners alleged that they are co-sharers with the complainant while he (the complainant) asserts that he is in exclusive possession; there are allegations of forcibly ploughing the land and use of force even though no injuries are stated to have been caused by the petitioners who have been described as aggressors.

(3.) Learned counsel for the petitioners with specific reference to an order dated 9.1.2008 which pertains to the sanctioning of mutation on the basis of inheritance pleads that the objection of the respondent-complainant regarding his being in exclusive possession on the basis of family settlement are erroneous as the petitioners were acknowledged to be the successors in interest of Mehar Singh and the relevant mutation to that effect that was effected on the strength of the registered will in their favour. They thus contend that this is sufficient to establish that they are in possession and since the land continues to be joint with no family partition, the allegations as made out in the complaint more specifically regarding the offence under Section 447 IPC cannot be sustained against the petitioners and therefore, the FIR can at best be termed to be an abuse of the process of law and deserves to be quashed.