KARAMJIT KAUR AND OTHERS Vs. DHARAM SINGH

JUDGEMENT

(1.) PETITIONERS have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No. 266/1/03 dated 14.10.2003 titled as 'Dharam Singh vs. Karamjit Kaur and others under Sections 325, 452, 427, 504, 506, 148, 149 of the Indian Penal Code, 1860 (IPC for short) read with Section 3(1)(x), 4 of the Prevention of Atrocities and S.T. Act, (the Act for short) (Annexure P -5) and all the subsequent proceedings arising therefrom including summoning order dated 30.3.2006 (Annexure P -9). Learned counsel for the petitioners has submitted that complainant was ordered to be evicted from the land belonging to the gram panchayat vide order dated 11.2.2003 (Annexure P -1). Penalty was also imposed on the complainant. The said order was upheld in appeal vide order dated 6.8.2003 (Annexure P -2). Police help was sought by the panchayat at the time of eviction of the complainant. Due to this reason, by levelling false allegations, complaint in question had been filed by the complainant against the petitioners.

(2.) LEARNED counsel for the respondent, on the other hand, has submitted that serious allegations had been levelled in the complaint. Complainant had led his evidence in support of his case. On 12.10.2003, all the petitioners, armed with deadly weapons, had trespassed into the house of the complainant and had inflicted injuries on the person of wife of the complainant. Petitioners had also destroyed the entire crop of the complainant.

(3.) THEY started beating the lady members indiscriminately and accused gave injury at Karmi wife of Nama Ram who is the old mother of the complainant and she was got admitted in the civil hospital, Jalandhar. They then went to the field where the paddy crop was sown and was ready for harvesting. They all destroyed the entire crop causing loss to the Complainant to the tune of ' Six lacs. All the accused remarked "Chamaro Kheti Karna Tuhade Bus the Kam Nain Auro Kheti karn da koi Hak Nahin." All the accused also took away the articles mentioned in the list attached. The matter was reported to the police but no action was taken in the matter, and now again all the accused came to the house of the Complainant and told that in case the Complainant fails to withdraw the complaint they shall involve the Complainant in some other false case and shall done to death. The afore said Jasbir Singh wants to get the land though the land is meant for scheduled castes.