JAGROOP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioners seeking quashing of FIR No.157 dtd. 19/8/2008 registered under Ss. 447, 511, 506, 148, 149 IPC at Police Station Samrala, Police District Khanna (Annexure P-1) and all the subsequent proceedings arising thereto.

(2.) The impugned FIR was registered on the basis of the statement of respondent No.2 Hari Singh wherein he alleged that about 4 months back his son Gurmeet Singh and daughter in law Ranjit Kaur, purchased one acre of land situated on the road in the revenue estate of village of Koaba Police Station Samrala, from Surinder Pal Singh and Inderjit Singh sons of Jai Pal Singh resident of village Lalkala for sum of Rs.26,00,000.00 (Twenty Six Lakhs) vide sale deed dtd. 25/4/2008. The mutation was also sanctioned in favour of the vendees on the basis of aforementioned sale deed.

(3.) Thereafter, they raised small boundary wall around the purchased land. That earlier aforesaid Surinder Pal Singh was having some dispute with his cousin Manpreet Singh (petitioner No.12 herein) with regard to oral partition of joint land which was effected amongst all the co-sharers. The aforesaid land was purchased by Gurmeet Singh and Ranjit Kaur with the consent of said Manpreet Singh. On 17/8/2008 respondent No.2 was going from Chandigarh to Ludhiana and at about 10.00 pm when he reached near Police Chowki Rani Kalan, he saw that the light was on in aforesaid land (plot) and some people were raising construction of Kotha. When he reached near the said plot, he saw that petitioner No.12 Manpreet Singh was present their along with other petitioners and they were raising construction with intention to take illegal possession of aforesaid plot owned by the son and daughter in law of respondent No.2. When respondent No.2 confronted the petitioners, they started abusing him and threatened to kill him and on this respondent No.2 went away from there and later on reported the matter to police. Consequently, the impugned FIR was registered against the petitioners with regard to the aforesaid incident and in the said FIR, it was also alleged that the petitioners demolished the boundary wall raised by the vendees and also committed theft of 1000 bricks belonging to the vendees which were lying at the spot.