MOHD SHAFI AND ORS Vs. MOHD IQBAL

JUDGEMENT

(1.) In the instant petition filed under Sec. 561-A Cr.P.C., the petitioners inter alia seek quashment of the complaint titled Mohd Iqbal vs Mohd Shafi alias Billa and others as well as the order dtd. 8/5/2018 by virtue of which the trial court (learned City Judge, Jammu) has taken cognizance against the petitioners for commission of offence under Ss. 341, 323, 504 RPC.

(2.) The brief facts of the case are that petitioner no.1 is the absolute and exclusive owner of plot of land measuring 46 Kanals falling under survey number 193/7 situated at village Raj Nagar Budhal which the petitioner has purchased from the father of the respondent; admittedly there is a land dispute between the petitioner no.1 and respondent with regard to the suit property as mentioned above and on the basis of the rivalry the respondent threatened the petitioner no.1 on numerous occasions but the petitioner no.1 refused to succumb to the threats of the respondent. On 9/4/2018, the respondent through his counsel served a legal notice to the petitioner nos.1 and 2 claiming therein that the land in question has been taken by the petitioner nos. l and 2 from the father of the respondent on rent basis and further instructed the petitioner nos. l and 2 to pay the arrears of rent. All the petitioners are above 60 years of age and are illiterates; all are farmers by profession, the respondent who is a habitual litigant by taking the benefit of their innocence and old age filed a complaint before learned Chief Judicial Magistrate, Jammu who forwarded the same to the court of learned City Judge, Jammu against the petitioners on false frivolous and vexatious grounds claiming therein that the petitioners have assaulted him and threatened him. It is worthwhile to mention here that the petitioner no.3 is of 85 years of age and is paralytic left side and is bed ridden which is very well established by the medical report issued by the Medical Officer Primary Health Centre Budhal and rest of the petitioners are 60 years, 75 years, 70 years and 35 years respectively, it is very hard to believe that the petitioners who are unable to walk without the support of someone else have assaulted the respondent in broad day light in Jammu. The respondent in order to settle a civil dispute has adopted the illegal and arbitrary means by filing a false frivolous and vexatious complaint against the petitioners and by virtue of the same the petitioners are being harassed for their no fault, hence this instant petition.

(3.) I have considered the contentions of counsel for petitioners.