SUBASH CHANDER Vs. GIAN CHAND

JUDGEMENT

(1.) The present petition has been filed by the petitioners under sec. 561-A Cr.P.C. (now 482 Cr.P.C.) for quashing of the complaint filed by the respondent against the petitioners under sections 147, 447, 341, 323, 506 and 34 RPC as well as order dated 6/7/2015 by virtue of which the learned 3rd Additional Munsiff, Jammu (hereinafter to be referred as the trial court) has issued process against the petitioners.

(2.) It is stated that the respondent and his son, Rohit Kumar had beaten the petitioner No. 2 on 8/4/2014 when he was watering his crop in the agriculture land adjoining to the house of the respondent. The petitioner No. 2 lodged an FIR bearing No. 265/2014 on 17/7/2014 against the respondent and his son. The Police investigated the matter and filed the challan against the respondent and his son and the said challan is pending in the court of Sub Registrar, Jammu.

(3.) It is further stated that the respondent approached the petitioners to compromise the matter as his son wanted to join job and because of the pendency of the aforesaid challan, the character certificate was not being issued. When the petitioners refused to that, the respondent threatened them that he will teach lesson to the petitioners and in order to force the petitioners to compromise with the respondent, he filed the impugned complaint against the petitioners by fabricating false and frivolous story and the learned trial court issued process against the petitioners for commission of offences under sections 447, 341, 323, 506 and 34 RPC.