(1.) The instant petition has been moved under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 259/2012, dated 31.10.2012, under Sections 379, 342, 365, 506 and 34 of the Indian Penal Code, registered at Police Station Kangra, District Kangra, H.P. as well as the consequential criminal proceeding arising out of the Case No. 46-II of 2013, pending before learned Additional Chief Judicial Magistrate, District Kangra, H.P.
(2.) I have heard Mr. Kul Bhushan Khajuria, learned counsel for the petitioners and Mr. Anil Jaswal, learned Additional Advocate General, for the respondent/State.
(3.) Facts are that:-FIR in question was lodged on the basis of complaint made by petitioner No. 4, Sh. Sanjeev Kumar, who as per agreement was the owner of JCB Machine No. HP-67-2167; the dispute had arisen between the parties as said Sh. Sanjeev Kumar, allegedly did not pay the installments under the agreement in lieu of delivery of possession of JCB; as per the complaint preferred by petitioner No. 4, the possession of JCB machine was forcibly taken from him by petitioners No. 1 to 3, who also detained his driver namely Sh. Ajay Kumar, petitioner No. 5; as per the averments made in the complaint, petitioner No. 5 was set free the following day.