FAISAL ISSHAQ AND ORS Vs. STATE AND ANR

JUDGEMENT

(1.) In the instant petition, the petitioners seek quashment of FIR No. 16/2017 dated 29th January, 2017 lodged by the respondent No. 1 at the behest of respondent No. 2 under Sections 447, 147 and 323 RPC.

(2.) The facts giving rise to the filing of the petition briefly stated are that, the petitioner No. 1 is an Advocate by profession, petitioner No. 2 is the father of petitioner No. 1 and petitioner No. 3 is the mother of petitioner No. 1. It is submitted that all the petitioners are the persons of good repute having deep roots in the society.

(3.) The petitioner No. 2 is the owner in profession of land measuring 1 Kanal 5 Marlas situated at village Saj, but the respondent No. 2, who had an evil eye on the aforesaid property, started interfering in the possession of the petitioner No. 2 in the aforesaid land and with criminal intention, tried to change the natural course of water passing nearby the land into the land of petitioner No. 2 and on 12th July, 2013, trespassed into the land of the petitioner No. 2 and started removing stones so as to change the natural course of rain water by cutting the land of the petitioner No. 2, which compelled the petitioner No. 2 to lodge an FIR (Annexure-A) bearing No. 134/2016 dated 23rd July, 2016 against the respondent No. 2 before the Police Station, Thana Mandi on 23rd July, 2016 through the direction of the Hon'ble Court under Sections 447, 427 and 505 RPC.