- (1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure,1973 seeking quashing of the criminal complaint No. 110 dated 4.10.2008 titled as 'Ram Moorti vs. Vinod Kumar and others (Annexure P5) and summoning order dated 14.2.2011 (Annexure P6) .
(2.) Contents of the complaint (Annexure P5) read as under:- 1. That I am a peaceful and law abiding senior citizen of Ward No.14, Ahmedgarh and I alongwith my wife and grand daugher are living in a small house in Ward No. 14, Ahmedgarh and in front of my house there is an open 14' wide road. Complainant is a retired Army official. 2. That my neighbourer Vinod Kumar accused No. 1 has encroached upon some portion of the road by making Ramp before his house. The complainant has many a times requested the accused to remove this encroachment but of no effect. Because accused No.1 is an influential peron and he is also an employee of Municipal Council, Ahmedgarh.
(3.) That on 9.7.2007 at about 9.30 p.m., when myself and my grand daughter returned home and entered our residential house at Ward No.14, Ahmedgarh all the accused namely Vinod Kumar son of Prem Saroop, Parveen Kumar @ Guda son of Prem Saroop, Deepalk Kumar son of Vinod Kumar, Rimpal son of Parveen Kumar @ Gudda, Kochu son of Parveen Kumar @ Gudda, residents of Ward No. 14, ahmedgarh, Tehsil Malerkotla, sonu son of Rajinder Kumar @ Kukku Artia VPO Bassian, Near Post Office District Ludhiana forcibly and with intention to assault the complainant and his family entered the residential house of the complainant. Sonu accused No.6 who is relative of the other accused raised Lalkara that 'the complainant and his family members should not be spared today for raising objections regarding encroachment of the road by the accused .;