Hon'ble Naheed Ara Moonis, J. - (1.) HEARD the learned Counsel for the Applicants, the learned AGA appearing on behalf of State and perused the record.
(2.) THE instant application under Section 482 Cr.P.C. has been filed by the Applicants with a prayer to quash the order dated 26.4.2011, passed by IIIrd Additional Civil Judge(Junior Division), Bijnor in case No. 1244 of 2010, under Sections 323, 324, 452, 504, 506, 147, 148 IPC, P.S. Chandpur, District Bijnor. The opposite party No. 2 had filed a complaint on 23.10.2007 that on 26.6.2007 the Applicants had barged into the house of the complainant and started hurling abusive language to the daughter and the wife of the complainant, destroyed the household goods. The co -accused Vijai Veer Singh had assaulted with knife and other co -accused assaulted with lathi -danda to the wife of the complainant. The have also taken away the ornaments and two thousand rupees and other articles. The statements of the complainant Rajiv Tyagi was recorded under Section 200 Code of Criminal Procedure and of other witnesses, namely Shashi Kumar Tyagi, Ompal Singh and Saroj Devi were recorded under Section 202 Code of Criminal Procedure The learned Magistrate on the basis of statements prima facie found that the offence made out against the Applicants and passed the impugned summoning order dated 26.4.2011.
(3.) IT is submitted by the learned Counsel for the Applicants that, on the basis of an application dated 22.9.2007 on similar allegation a first information report was registered in which after investigation the police has submitted the final report on 29.10.2007 on the ground that the civil disputes were going on between the parties in respect of the partition of the house. A civil suit is still pending between the parties.;