BHAG SINGH AND OTHERS Vs. SUBEG SINGH

JUDGEMENT

(1.) Petitioners, by way of instant petition under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.'), seek quashing of criminal complaint No. 100/1 dated 15.12.2010 (Annexure P-1) and impugned summoning order dated 04.06.2012 (Annexure P-2) as well as further criminal proceedings in CRM No. M-25363 of 2012 and criminal complaint No. 08 dated 16.03.2012 (Annexure P-1) and impugned summoning order dated 23.05.2013 (Annexure P-2) as well as further criminal proceedings in CRM No. M-20702 of 2013. Both these cases are being decided together vide this common order as both had already been ordered to be heard together vide order dated 03.07.2013 and also vide order dated 27.03.2015 passed by this Court.

(2.) Notice of motion was issued and pursuant thereto reply was filed on behalf of the respondent(s) in both the petitions. Interim order was also operating in favour of the petitioners.

(3.) Learned counsel for the petitioners submits that impugned complaints amount to glaring misuse of process of law. Civil suits between both the parties are pending decision before the learned Courts of competent jurisdiction. He also refers to the averments taken in para 11 of Criminal Misc. No. 20702 of 2013 to contend that the respondent-complainant Puran Singh filed complaint No. 2-SDM dated 14.10.2011 before the SDM Samrala under Sec. 133 Crimial P.C., regarding alleged encroachment on the common passage running through the land in dispute. It was found to be without any substance. In fact, earlier complaint was filed by respondent-complainant Subeg Singh in CRM No. M-25363 of 2012 who was none else but son of respondent-complainant Puran Singh in CRM No. M-20702 of 2013, thus, the respondent(s)-complainant (s) in both the petitions had been misusing the process of law. The matter was purely of civil nature. However, since the learned Magistrate fell into serious error of law while ignoring material fact of pendency of civil suits between the parties, regarding this very land in dispute, the impugned summoning orders have resulted into serious miscarriage of justice and the same are liable to be set aside.