JUDGEMENT
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(1.) Petitioners have filed this petition under Section 482 of
the Code of Criminal Procedure, 1973 for quashing the criminal
Complaint No. 105-C titled as 'Karan Singh versus Satpal and
another' under Section 323, 506, 294, 34 of the Indian Penal Code
('IPC' for short) (Annexure P-1), summoning order dated 6.2.2007
(Annexure P-2) and subsequent proceedings arising therefrom.
The contents of the complaint (Annexure P-1) read as
under:-
1. That the applicant is resident of village Ram nagar,
Police Station Sadar, Charkhi Dadri and is a peace
loving person and is a Panch of Gram Panchayat, Ram
Nagar. The respondent Satpal is the Sarpanch of the
village Ram Nagar.
(2.) That the meeting of Gram Panchayat Ram Nagar was
held in Harijan Chaupal at about 11 O' clock on
28.11.2005, in which the members of Gram
Panchayat, aforesaid respondent Sarpanch, his father
Ghanshayam and S.C.P.O. Block Dadri-I, B.D.P.O.
And Secretary were also present and other persons of
the village namely Shish Ram Ex-Sarpanch, Jag Ram
son of Prabhu Dayal, Balwant and many other
persons were sitting together to see the meeting of the
Panchayat. When the meeting of the members of the
Gram Panchayat, Sarpanch, Secretary S.C.P.O. And
B.D.P.O. Started, at that time the complainant asked
the Sarpanch regarding proceedings of the last
meeting and asked him to tell about the agenda of the
meeting of the Panchayat, on this the Sarpanch stated
that discussion is to be held regarding giving the land
of the Panchayat to the Education Society. On this,
the applicant objected that there would be no
advantage in giving Panchayat land to the Education
Society. The land of the Gram Panchyat should be
given for constructing the Water Works and from this
the Gram Panchayat and the villagers would be
benefited. On this the Sarpanch and Ghanshaym,
father of the Sarpanch got enraged and they started
hurling filthy abuses on me and threatened to kill the
complainant and while threatening, Ghanshayam,
father of the Sarpanch caught hold of me from behind
and Satpal Sarpanch slapped on my face and
grappled with me and with a view to kill me, pressed
my neck. But the persons present at the spot saved
from the accused/respondents. When the Panches
and B.D.P.O. Etc. present at the spot told about this
wrong action by the Sarpanch and his father, they
again abused me and rushed towards me to beat me,
but Sunil, Ram Singh, Mittal Devi Lady Panch again
intervened and saved me from the respondent. On this
both the aforesaid threatened me that today I had
been saved by the aforesaid persons and on getting a
chance, they would kill me.
(3.) That the aforesaid accused also threatened me if I
take any action against him or his father regarding
this incident, they would kill me and while threatening
to kill me, openly abused me in the name of mother
and sister. In this manner the aforesaid accused
hurled filthy abuses in the name of mother and sister
and caused me injuries openly and humiliated me and
due to this complainant was degraded and was
lowered down.;
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