TIRATH RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRIMINAL Misc. Nos. 17485-M of 1997 and 48969-M of 2002 involve common questions of law and facts and are, therefore, being disposed of by a common order. For the sake of brevity, the facts are taken from Crl.M. No. 17485-M/1997.

(2.) THIRTEEN petitioners are before this Court invoking its jurisdiction under Section 482 Cr.P.C., for quashing of the criminal complaint dated 15.10.1996 (Annexure P4) titled as Joginder Pal v. Dharam Pal and others under Sections 323, 506, 427, 447, 148, 149 IPC, as well as the order dated 4.7.1997 (Annexure P5) passed by the learned JMIC, Dasuya whereby they have been summoned to face trial in the aforesaid complaint.

(3.) WHILE the aforementioned civil suit filed by the petitioner No. 1 was pending, the impugned complaint (Annexure P4) under Sections 323, 506, 427, 447, 227, 148, 149 IPC, was filed by the respondent-complainant against the petitioners. In the said complaint the respondent-complainant has averred that he had taken possession of the land measuring 12 kanals 6 marlas which he purchased on 14.2.1995 and that the petitioner No. 1 alongwith his co-accused with tractor No. PB 21 2067 driven by Naresh Kumar (petitioner No. 6) and who were alleged having deadly weapons like axes and dangs came on 3.9.1996 at about 2.30 p.m., and "started ploughing the fields and they destroyed the entire standing crop of cost of Rs. Not less than Rs. 16000/-." The complainant further averred that the complainant's mother namely Satya Devi and his wife Kanchan Bala asked the accused person not to commit unlawful act but they were adamant and