Mehinder Singh Sullar, J. - (1.) THE matrix of the facts, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that petitioners Dr. Onkar Chander Jagpal and his wife Smt. Adarsh Jagpal claimed that they are residing in house, bearing No. 1318, Sector 15 -B, Chandigarh for the last about 35 years. Complainant Sohini Chaudhary respondent No. 2 (for brevity "the complainant"), daughter of Ram Lubhaya Chaudhary, desired to purchase the said house from the very beginning. Since the petitioners have purchased 50% share of the house in question from Natinder Dhillon, so, the complainant and her other family members became inimical and started harassing them on false and frivolous grounds. Having purchased the half of the portion of the indicated house petitioner No. 1 Dr. Onkar Chander Jagpal filed an application against Smt. Santosh Chaudhary wife of Ram Lubhaya (mother of the complainant), Smt. Sushil wife of H.S. Dhillon and Smt. Kamlesh wife of Sohan Lal under Section 12 of the East Punjab Urban Rent Restriction (Extension to Chandigarh), Act, 1974, which was accepted and the respondents were directed to carry out the necessary repairs, failing which petitioner No. 1 was given the liberty to get the repairs carried out, by the Rent Controller, by virtue of order dated 4.12.1998 (Annexure P2). The prolonged civil & criminal litigation between the parties is also clear from the orders dated 15.6.1999 (Annexure P3), dated 19.2.2001 (Annexure P4), enquiry report (Annexure P5), copies of letters to Inspector General of Police (IG) dated 12.6.2006 (Annexures P6 & P8) and letter to XEN (Annexure P7).
(2.) MEANWHILE , the complainant made a complaint against the petitioners -accused (which formed the basis of FIR Annexure P1), with the following allegations: - Sir, I am residing with my family at house no. 1320, Sector 15 -B, Chandigarh for the last many years and in house No. 1318, Sector 15 -B where on the top floor, we and our house care taker stays and this portion of the house belongs to us. Onkar Chander Jagpal is residing there. Our houses are on the main road and because of that we park our cars on the front side of both of the houses and Onkar Chander Jagpal parks his car at the backside of the house. The house was owned by our grandmother and we are having tenancy dispute pending in Hon'ble Punjab and Haryana High Court. During the pendency of the suit our grandmother expired. And for this reason Onkar Chander Jagpal always keep grudge in his mind and always looks for an opportunity to humiliate me and my family in public. On 29.6.2006 at about 6 PM, police personnels of Chandigarh Police came to the house where I stay alongwith my parents and my two elder sisters (Namita and Mala) in house No. 1320 Sector 15 -B, Chandigarh, they told me that he has got a complaint made by Onkar Chander Jagpal regarding parking of a vehicle. When I told police personnels that the house belongs to me and my three sisters and the vehicle also belongs to our family, the police personnel went away and when I came outside and reached House No. 1318, Sector 15 -B, in the verandah Onkar Chander Jagpal, got agitated and started abusing me and my family, his wife was also standing there, who immediately started using abusing and filthy language against me and my family members. When I asked them to behave properly as we belong to a respectable and responsible family, Onkar Chander Jagpal, shouted me "Chura -Chammar neich jati de kute log". If you ever park the vehicle again, I have got links with the goondas and also have connections with high police officials and can get a false case registered against me and further threatened that he can get me liquidated so that in future I may not be able to see any Chammar in the locality. On hearing loud voices, my cousin brother Vinod Chaudhary who was present in my house came there and tried to stop them from insulting me and my family in public, but Onkar Chander Jagpal was furious and adamant. In the meantime, many passersby gathered there and witnessed the entire episode. And when my brother was trying to pacify them, Onkar Chander Jagpal's wife immediately shouted, "Chuda -Chammar saab equtha ho gaya hai". I and my brother got very ashamed when Onkar Chander Jagpal and his wife uttered such words in full public view. Feeling ashamed as we belong to respectful family we kept quite and returned to our house, we were so ashamed that we were not able to come out of our house and we called my father. And since then, he has also not allowed us to use our portion of house. He and his wife have wrongfully dispossessed from our property and are interfering in our portion of property. I shall be grateful, if you take an appropriate action may be taken against the above stated persons and justice be given to us. Sd/ - Sohini Chaudhary, R/o. # 1320, Sector 15 -B, Chandigarh Dated 30.6.2006. In the background of these allegations, the present case was registered against the petitioners -accused, by means of FIR, bearing No. 175 dated 13.7.2006 (Annexure P1) in Police Station Sector 11, Chandigarh, on accusation of having committed the offence punishable under Section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as "the Act").
(3.) THE petitioners did not feel satisfied and preferred the instant petition for quashing the FIR (Annexure P1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C.;