BALVINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition under Sec. 482 of Cr.P.C. read with Article 227 of the Constitution of India has been filed for quashing of F.I.R. No. 304 of 2015, dtd. 8/12/2015, registered at Police Station Sadar Mandi, for the commission of offences punishable under Ss. 452, 323, 325, 147 and 149 of IPC and consequent proceedings arising therefrom.

(2.) The informant /respondent no.4 made a complaint to the police that he was posted as a Lecturer. He was on leave on 8. 12.2015 and was present at his home with his daughter. Petitioners No.1 and 2 and 4-5 persons came to his house. Patwari Tarna and her Peon were also at the house. Petitioners No.1 and 2 and 3-4 persons entered the house and asked the informant to remove the obstruction to the passage. They also threatened to see him in case of non-removal of the obstruction. When the informant enquired what they meant by seeing him, Onkar, his son and Balwinder Singh attacked the informant with the stick. He suffered an injury on his leg. Balwinder Singh gave him a beating by kick and fist blows. The accused also slapped the informant's daughter. Savitri Devi, Rakesh Kumar, Manish Kumar and Satpal saw the incident and rescued the informant.

(3.) Aggrieved from the registration of F.I.R. the present petition has been filed asserting that on 8/12/2015, the official of the revenue department had visited the spot, who went to the house of the informant to take the tea. The petitioners were called to record their statements in the house of the informant. Patwari was recording the statements of both parties in the house. Respondent No.4, Ajay Lakhanpal, and his family members started quarrelling with petitioner no.1 and his brother and gave them a beating. Petitioner No.1 and his brother reported the matter to the police on the same day. A cancellation report was prepared in the F.I.R. registered at the instance of the petitioner. Respondent No. 4 got a false F.I.R. No. 304 of 2015, registered against the petitioners. The police prepared a challan in this FIR and presented it in the Court of learned Judicial Magistrate First Class, Court No.3, Mandi, District Mandi, H.P. The path leading to the house was obstructed/closed by respondent no.4. The matter was reported to the police by the competent authority. The application was sent to Tehsildar for demarcation on the spot. The Tehsildar conducted the demarcation and recorded the statements of the parties. Petitioner No.1 filed an application on 23/10/2015, which was transferred to THE Field Kanungo for necessary action. Summons were issued to the parties for 5/12/2015. Patwari came to the spot to inquire into the matter. Respondent No.4 lodged the F.I.R. against the petitioners to harass them. He had blocked the old path. As per the report of the demarcation, the path leading to the house of the petitioners does not belong to respondent no.4. He had lodged a false F.I.R.to encroach upon the path. He purchased the house adjacent to the petitioners' house and blocked the passage. The requests were made by the petitioners to remove the obstruction but in vain. The informant falsely implicated the petitioners in the present case. Even Patwari became a witness against the petitioner in connivance with respondent no. 4. The F.I.R. was lodged by petitioner no. 1 against respondent no. 4. The subsequent F.I.R. is the result of the civil dispute between the parties. Hence, the present petition seeking the quashing of the FIR.