SATPAL AND ANOTHER Vs. KARAN SINGH

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing the criminal Complaint No. 105-C titled as 'Karan Singh versus Satpal and another' under Section 323, 506, 294, 34 of the Indian Penal Code ('IPC' for short) (Annexure P-1), summoning order dated 6.2.2007 (Annexure P-2) and subsequent proceedings arising therefrom. The contents of the complaint (Annexure P-1) read as under:-

(2.) That the meeting of Gram Panchayat Ram Nagar was held in Harijan Chaupal at about 11 O' clock on 28.11.2005, in which the members of Gram Panchayat, aforesaid respondent Sarpanch, his father Ghanshayam and S.C.P.O. Block Dadri-I, B.D.P.O. And Secretary were also present and other persons of the village namely Shish Ram Ex-Sarpanch, Jag Ram son of Prabhu Dayal, Balwant and many other persons were sitting together to see the meeting of the Panchayat. When the meeting of the members of the Gram Panchayat, Sarpanch, Secretary S.C.P.O. And B.D.P.O. Started, at that time the complainant asked the Sarpanch regarding proceedings of the last meeting and asked him to tell about the agenda of the meeting of the Panchayat, on this the Sarpanch stated that discussion is to be held regarding giving the land of the Panchayat to the Education Society. On this, the applicant objected that there would be no advantage in giving Panchayat land to the Education Society. The land of the Gram Panchyat should be given for constructing the Water Works and from this the Gram Panchayat and the villagers would be benefited. On this the Sarpanch and Ghanshaym, father of the Sarpanch got enraged and they started hurling filthy abuses on me and threatened to kill the complainant and while threatening, Ghanshayam, father of the Sarpanch caught hold of me from behind and Satpal Sarpanch slapped on my face and grappled with me and with a view to kill me, pressed my neck. But the persons present at the spot saved from the accused/respondents. When the Panches and B.D.P.O. Etc. present at the spot told about this wrong action by the Sarpanch and his father, they again abused me and rushed towards me to beat me, but Sunil, Ram Singh, Mittal Devi Lady Panch again intervened and saved me from the respondent. On this both the aforesaid threatened me that today I had been saved by the aforesaid persons and on getting a chance, they would kill me.

(3.) That the aforesaid accused also threatened me if I take any action against him or his father regarding this incident, they would kill me and while threatening to kill me, openly abused me in the name of mother and sister. In this manner the aforesaid accused hurled filthy abuses in the name of mother and sister and caused me injuries openly and humiliated me and due to this complainant was degraded and was lowered down.