KEWAL SINGH Vs. PRITPAL SINGH

JUDGEMENT

(1.) PETITIONERS seek the quashing of complaint No.25 dated 15.06.2011 filed by respondent No.1 in the Court of Sub Divisional Judicial Magistrate, Dera Bassi, wherein they have been summoned vide order dated 15.05.2012 (Annexure P -2) to face the trial for the offences punishable under Sections 452, 323, 506 read with Section 149 Indian Penal Code (for short 'IPC').

(2.) THE case of the petitioners is that they have been wrongly impleaded in the case due to party faction in the village. There is litigation between Gurcharan Kaur co -accused with respondent No.1 and his father over the title and possession of the land bearing khasra No.340/1/2. As per allegations in the complaint, in the night intervening 09/10.12.2007, the petitioners along with others forcibly entered the land of complainant and his brother in an unlawful manner and raised construction in the shape of wall. In RSA No.1376 of 2007 filed by Gurcharan Kaur, she was allowed injunction and her dispossession from the property in dispute was stayed vide order dated 10.05.2007. She is still in possession of the disputed land. Recently, respondent No.1 has again filed a civil suit for injunction against Gurcharan Kaur (nonpetitioner) which is pending. On 07.05.2011 respondent No.1 along with other persons had tried to dispossess Gurcharan Kaur from the land in dispute and an FIR bearing No.129 dated 07.05.2011 for offences punishable under Sections 341, 323, 149 IPC read with Section 3 (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered against respondent No.1 and his associates. Gurcharan Kaur had filed a suit against respondent No.1 and others for their encroachment on Government land which is also pending. Due to all these facts, the petitioners have been falsely implicated in the complaint with ulterior motive only to put pressure on the petitioners. The complaint is also time barred as the alleged incident took place in December 2007 and the complaint was filed in the year 2011.

(3.) IN reply, respondent No.1 submitted that RSA filed by Joginder Kaur has already been dismissed vide order dated 26.04.2011. Gurcharan Kaur who is the real sister of late Shri Kanshi Ram, Founder President of Bahujan Samaj Party, taking undue benefits of her political influence under the garb of ex parte injunction order passed in RSA No.1376 o 2007, she tried to raise construction over the disputed land resulting in filing of the complaint, which is within limitation. The FIR No.129 dated 7.5.2011 which was got registered after few days of dismissal of RSA but respondent No.1 and his family member were granted anticipatory bail in that case by this Court. I have heard learned counsel for the parties and perused the paper book with their assistance.