GURMEET SINGH Vs. RACHHPAL SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing the complaint dated 10.08.1998 under Sections 426/447/379/406/34 of the Indian Penal Code and the summoning order dated 15.5.1999.

(2.) RACHHPAL Singh filed this complaint (as a General Attorney of Surinder Singh) against the petitioners on the allegations that his brother Surinder Singh is the owner of the land measuring 2 Bighas situated in revenue estate of village Chhat. Surinder Singh also filed a civil suit in the Court of Civil Judge (Junior Division), Rajpura to restrain the petitioner from interfering in his peaceful possession and an ad-interim injunction was granted on 8.7.1998 and the same was extended from time to time till 11.8.1998. The further case set up by the respondent is that on 7.8.1998 Prem, servant of the complainant, had gone to the field to cut the Bajra crops which had been sown by Surinder Singh. Surjit Singh accused stopped him from cutting the Bajra Crops and threatened him with dire consequences and he reported the matter to the complainant. The complainant along with Prem again went to the field, where Gurmeet Singh, Surjit Singh, Gurpreet Singh alias Gujjar, and Sarwan Singh Saini were cutting the Bajra crops owned by Surinder Singh, brother of the complainant. The petitioner threatened the complainant and Prem for committing breach of peace and for causing serious injuries. Hence the complaint was filed.

(3.) THE petitioner has filed this petition under Section 482 for quashing the complaint as well as the summoning order on the ground that Atma Singh, Sarwan and Banwari Singh were joint owners of the land measuring 21 bighas 4 biswas in village Chhat. All the three brothers also jointly purchased land in village Ram Nagar, U.P. in equal shares. After the death of Atma Singh, his widow Bant Kaur and two daughters, namely, Kuldip Kaur and Baljit Kaur are cultivating the land in village Ram Nagar, Uttar Pradesh and also residing there. Bant Kaur, Kuldip Kaur and Baljit Kaur sold their 40/474 share of their land to Surinder Singh son of Hari Singh out of the total 21 bighas 4 biswas vide registered sale deed dated 27.02.1998. The vendors Bant Kaur, Kuldip Kaur and Baljit Kaur were not in cultivating possession of the land in dispute, therefore, they have not give possession of any specific portion. Surinder Singh also filed a suit in the Court of Civil Judge (Junior Division) for permanent injunction and the application for ad interim injunction under Order 39, rules 1 and 2 has been dismissed.