DINESH KUMAR SINGH,J. - (1.) This application under section 482 of the Criminal Procedure Code, 1973 has been moved with a prayer that the proceedings in complaint case No. 984 of 2016 (Jasveer Singh Khalsa v. Sardar Jagmeet Singh and others) be quashed whereby the accused applicants have been summoned to face trial under section 500 IPC.
(2.) The contention of the learned counsel for the accused applicants is that due to a dispute of Committee of Management between the accused applicants and the opposite party No. 2, both the sides have filed criminal cases against each other and the dispute was also placed before the Registrar Firms, Societies and Chits, Lucknow, Uttar Pradesh and the present complaint under section 500 of the Criminal Procedure Code, 1973 is also filed by the opposite party No. 2 against the accused applicants by way of creating pressure upon them. It has been mainly argued that the case of the applicant accused is covered under seventh exception as provided under section 499 IPC. The learned counsel has relied upon a large number of rulings in support of his contentions which would be cited at the relevant place.
(3.) The record reveals that the applicants have narrated the background of dispute as follows to expose the intention of opposite party No. 2 to malafidely file cases against the accused applicants to create pressure. There is a Society by the name Shri Guru Singh Sabha, situated at Thapar Nagar, Meerut, registered under the Societies Registration Act, which also controls the Management of Khalsa Inter College, Meerut. The election of the Society was held in the year 2007-08, in which Sardar Tilak Singh was elected as President and Sardar Jagmeet Singh Meet (applicant No. 2 was elected General Secretary and Jasveer Singh Khalsa (opposite party No. 2 was elected as one of the secretaries. The term of the aforesaid Committee of Management was 5 years, which was illegally extended by the opposite party No. 2 and his associates up to 2015. Applicant No. 2 made a complaint about this against the opposite party No. 2 before District Inspector of Schools, Meerut. In the meantime the President of the Society, Sardar Tilak Singh expired in the month of June, 2015 which resulted in rescheduling of elections to be held in the year 2015. No election of the Society was held after the death of the President. The opposite party No. 2 in collusion with his associates submitted a list of elected office bearers of the Society for the year 2015-16 in the office of Sub-Registrar, Firms, Societies and Chits, Meerut (to be referred as Registrar in short) for renewal of the Society, in which the elder brother of the opposite party No. 2 was shown elected as the President. When the applicant No. 2 came to know about the submission of the list of the office bearers by opposite party No. 2 in the office of Sub-Registrar, Firms, Societies and Chits, he immediately filed a complaint on 26/9/2015 before the authority concerned requesting to take action against opposite party No. 2 and also to appoint a receiver. A meeting of general body was decided to be convened to conduct the election of the Management Committee of the Society, in which among other agenda items, the illegal activities of opposite party No. 2 was also discussed. On 1/10/2015 the election proceedings of the society were held, in which applicant No. 2 was elected as President, applicant No. 1 as Senior Vice President, applicant No. 3 as Executive Member and applicant No. 4 as Press Secretary. The intimation was given on 5/10/2015 of the election to the Sub-Registrar and the District Inspector of Schools, Meerut about the newly elected members/office bearers. On 8/9/2015 the opposite party No. 2 illegally, without informing the members of the Society in collusion with his associates, held a meeting without any authority, in which only few members participated and passed a decision, by which the membership of the General Secretary (applicant No. 2) was terminated and the name of Sardar Ranjit Singh Nanda was proposed for the post of President and the name of Surjeet Singh Goldi was proposed for General Secretary. Both the persons were illegally elected on the said posts through a forged election proceedings. The opposite party No. 2 was also elected as one of the secretaries of the society along with other office bearers. The opposite party No. 2 along with his associates formed a new Committee of Management of the Society in the meeting on 8/9/2015. The opposite party No. 2 always desired to take over control of the Management of the Society as well as Khalsa Inter College in pursuance of his ill motive. The applicant No. 2 made a complaint before the Registrar on 28/4/2016 apprising about illegal activities of opposite party No. 2 and his associates, whereon the State Government passed an order for enquiry to be conducted on 28/4/2016. Since 14/12/2015 and 21/1/2016 the opposite party No. 2 is continuously committing frauds in the documents of the Society, and filed an application under section 156 (3) of Cr. P.C., 1973 before the Chief Judicial Magistrate, Meerut against the applicants to create pressure, which was treated as a Complaint Case by the Magistrate. On 18/3/2016 the ACJM, Court No. 3, Meerut issued summons against the applicants under sections 420, 467, 468, 471 and 120 - B IPC. The said summoning order was challenged by filing Criminal Revision No. 1685 of 2010 on 1/6/2016, in which opposite party No. 2 was issued notice and interim order was also passed. Thereafter, the opposite party No. 2 with a view to harassing the applicants also lodged an NCR No. 34 of 2016 under sections 323, 504 and 506 IPC, PS Sadar Bazar against the applicants on false and frivolous allegations with a view to creating pressure in the dispute of Committee of Management of the Society. The opposite party No. 2 moved an application on 4/7/2016 under section 155 (2) of Cr. P.C., 1973 before C.J.M., Meerut with the prayer that the police of Sadar Bazar, Meerut may be directed to register the case and stf investigation in NCR No. 34 of 2016. On 8/11/2016 the police submitted charge-sheet in the said case against the applicants under sections 323, 504 and 506 IPC before the Court of C.J.M, Meerut. Thereafter on 11/5/2016, the opposite party No. 2, with a view to harassing the applicants and 5 other persons, filed a complaint under section 500 IPC in the Court of ACJM, Court No. 3, Meerut registered as Complaint Case No. 984 of 2016, which is the case in which the summoning order is being sought to be quashed in the present proceedings.;