SURINDER KUMAR Vs. PARDIP KUMAR

JUDGEMENT

(1.) SURINDER Kumar and his brother Rakesh Kumar have filed this petition under Section 482, Cr.P.C. for quashing of complaint under Sections 392, 506/34 I.P.C. pending in the Court of Judicial Magistrate Ist Class, Amritsar, Annexure P/1 and the summoning order dated 24.9.1991 Annexure P/2.

(2.) THE brief resume of the facts necessary for the disposal of this petition is that Pardeep Kumar respondent filed the above mentioned complaint against the petitioners on the allegations that there was a dispute regarding some shop between his father and the petitioners and Rakesh Kumar petitioner had filed a suit for eviction in a Civil Court which was pending. Surinder Kumar petitioner filed a false complaint against him before Deputy Commissioner, Amritsar on 9.5.1990 and an application was also moved against him by Rakesh Kumar in the month of July 1991 before Senior Superintendent of Police, Amritsar. The petitioners were out to harm the person and property of the complainant and threatened him with dire consequences. On 21.1.1971 the complainant was present near the temple of Lalli Shah, Daal Mandi, Amritsar, when he was waylaid by Rakesh Kumar and Surinder Kumar petitioners and Rakesh Kumar pointing a revolver towards his chest enquired from him whether he was going to vacate the shop or not. Surinder Kumar removed his wrist watch and gold ring. Rakesh Kumar too robbed him of an amount of Rs. 575/- which he removed from the pocket of his shirt. The occurrence was witnessed by Vedang Bhushan and Amar Singh and Rakesh Kumar also threatened them with dire consequences if they came near him.

(3.) THE petitioners made averments in the petition that no offence under Section 392, I.P.C. was made out against them as none of them had attempted to cause death, hurt or wrongful restraint or fear of instant death or instant hurt or of instant wrongful restraint while committing theft. The petitioner threatened the respondent with dire consequences in case he did not vacate the shop. The robbery was a serious offence but the matter was not reported to the Station House Officer or to the Senior Superintendent of Police, Amritsar and the respondent was satisfied by reporting the matter to Moharrir Head Constable only. The relations between the parties were strained and the respondent could go to any length to implicate the petitioners in a false case.