PARAMJIT KHANNA Vs. INDER PAL

JUDGEMENT

(1.) Prayer in this petition is for quashing of the Criminal Complaint No.CRL 73 dated 19.08.2006, under Sections 457,380,120-B IPC, titled as "Inder Pal vs. Sushil Kumar and another", (Annexure P1) as well as the summoning order dated 06.07.2011(Annexure P2), vide which the petitioner was summoned to face trial under Sections 457,380,120-B IPC.

(2.) This petition is pending since 2015 and on 29.07.2015, the proceedings before the trial Court were stayed.

(3.) Brief facts of the case are that with regard to a property situated in Hira Nagar, Ludhiana, which is the joint ownership of the complainant and his brothers, a suit for partition was pending. Accused No.1 Sushil Kumar is the son of late Charanjit Lal, who is the real brother of respondent/complainant Inder Pal and accused No.2-Paramjit Khanna is son-in-law of Charanjit Lal. It is further stated in the complaint that a compromise was effected in the suit on 04.01.2006 and the parties have taken separate possession of the property. On the night of 24/25 July, 2006, the accused persons, forcibly broke opened the locks of the property of the complainant and an FIR No.576 dated 27.07.2006 under Sections 457,380,120-B IPC was registered against both the accused persons. But no action was taken and thereafter, the impugned complaint dated 19.08.2006 (Annexure P1) was filed.