- (1.) Prayer in this petition is for quashing of FIR No. 43, dated 22.06.2010, under Sections 148, 447, 511, 506 read with Section 149 of the Indian Penal Code, registered at Police Station, Mulepur, District Fatehgarh Sahib, and all other consequential proceedings arising therefrom. Brief facts of the case are that respondent No.2- complainant, Daler Singh, presented an application before the police for registration of a case against the petitioner with the allegations that he had six acres of agricultural land in the village and the same was on lease with Ranjit Singh son of Bakhshish Singh of his village. On the date of occurrence, respondent No.2-complainant, his brother, Gurpreet Singh, and the lessee Ranjit Singh were in process of cultivating the land by means of tractor. In the meantime, the petitioners and their ladies armed with lathis reached at the spot and threatened the complainant not to plough the land and take the tractor out of the field, otherwise they would be killed. The respondent No.2- complainant asked the lessee to take the tractor out of the field since they had not to quarrel with the opposite party.
(2.) The petitioners and their women folk wanted to take possession of the land of respondent No.2-complainant and in process of the same, demolished the boundary wall (vatt). On the above, allegations, the FIR was registered and after thorough investigation, the charge sheet for the offences punishable under Section 447 read with Section 511, 506 and 148 read with Section 149 of the Indian Penal Code was presented before learned Area Judicial Magistrate for trial of the petitioners.
(3.) Learned counsel for the petitioners submitted that the land in question was jointly held by the petitioners and respondent No.2-complainant, therefore, the mischief of Section 447 read with Section 511 of the Indian Penal Code was not attracted. He further submitted that there was procedural lapse in the investigation inasmuch as the application/complaint was straightway presented before the Deputy Superintendent of Police by respondent No.2- complainant and hence the petitioners were prejudiced. He further submitted that civil court held that both the factions were jointly in possession of the land in question. On the strength of these arguments, he prayed for quashing of the FIR and the consequential proceedings arising therefrom.;