JOBANPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have approached this Court seeking quashing of FIR No.105, dated 12.10.2016, registered at Police Station Lambran District Jalandhar, under Sections 323, 341, 354, 148, 149 IPC.

(2.) The FIR in question was lodged at the instance of Love Kumar @ Love, wherein it has been alleged that his father has a plot measuring 4 marlas in Colony Hussainpur, around which a boundary wall had been constructed about ¾ years back. It is alleged that the said plot had been mortgaged by his father to Ram Murti. It is alleged that on 5.10.2016 at about 12.30 pm. Hardeep Singh, his son Parminder Singh, Harnek Singh, Tara Singh, Onkar Singh, Harman Singh, Sukhwinder Singh and Jobanpreet Singh, came in a white coloured i20 car bearing registration No.PB-08-CW-8887 and started breaking the locks of the plot in question. When the complainant objected to the same and told them that the said plot belongs to his father and that they cannot take possession of the same, the accused gave blows to him on his forehead, face, lips, chest and back. When the complainant raised alarm, his wife and some other persons came forward to rescue him and upon which the accused tore clothes of his wife. It is further alleged that Harman Singh with an intention to kill him pointed his 'double barrell gun' towards them. Parminder Singh-accused however, stated that he would not be able to fire from the said weapon and asked him to hand over the gun to him. Later, the complainant was taken to Civil Hospital, Jalandhar, and the matter was also reported to the police but since talks of compromise were also initiated by the respectables, the said matter was kept in abeyance. Later, since no compromise could be arrived at, the FIR was lodged.

(3.) Learned counsel for the petitioners has submitted that the FIR is nothing but an abuse of process of law and has been lodged to pressurize the petitioners, especially petitioner No.3-Hardeep Singh, who had been successful in getting a decree in respect of the property in question and regarding which warrants of possession had also been issued. Learned counsel in this regard has drawn the attention of this Court to ex-parte judgment dated 19.8.2014 (Annexure P-2) rendered in "Civil Suit No.58091, dated 30.11.2013, titled as Hardeep Singh alias Kala v. Surti Lal".