- (1.) Petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of criminal complaint No.01 dated 11.2.2010 (Annexure P- 8) under Sections 499/ 500 of the Indian Penal Code, 1860 (IPC for short); summoning order dated 17.11.2010 (Annexure P-9) and all the subsequent proceedings arising therefrom.
(2.) The contents of the complaint (Annexure P-8) read as under:- "1. That the complainant are the residents of village Moolowal, P.S.Sherpur, Tehsil Dhuri and are peace loving citizen. 2. That the accused persons are also residents of village Moolowal P.S.Sherpur. 3. That the complainant Gurjant Singh works dairy Farm and has also land owner. He gives his land on chakota and earns his livelihood. The complainants are living in the village and have good moral character, and on the other hand the accused are quarrelsome nature and they formed a party to cause loss to others. 4. That the accused No.1 in connivance with other accused persons has registered a false complaint against the complainant vide FIR No. 98 dated 11.11.2006 under Sections 465/201/ 499/ 500 IPC in police station Sherpur. The accused persons are fully knowing well that the complaint is false one but even then the accused No.2 to 5 forced the accused No.1 to get the complaint registered against the complainants. 5. That the police of P.S.Sherpur produced the challan before the Hon'ble Court vide challan No.17 dated 2.6.2007. The complainants faced the trial for about 3 years and spent huge money. 6. That this fact spread in the village moolowal and the surrounding areas and the people started to hate with the complainants. The people of the village Moolowal i.e. Jagdev Singh s/o Joginder Singh, Mehar Singh, ex Sarpanch, Gaura Singh s/o Bhag Singh, Jagga Singh son of Nikka Singh, Jodh Singh s/o Gurdial Singh, all residents of village Moolowal, P.S.Sherpur, seen the complainants with hatred eyes. The accused No.2 to 5 have given false statements in the Hon'ble Court and in this way the reputation of the complainants have lowered in the eyes of the villagers. 7. That the accused No.1 has also given wrong statement in the Hon'ble Court just to lower the reputation of the complainants and therefore, all the accused had tried to defame the complainants and the offence committed by the accused fall under Sections 499/ 500 IPC. 8. That the accused persons have committed the offence at village Moolowal and the accused are also the residents of village Moolowal, P.S.Sherpur and therefore, this Hon'ble Court has got jurisdiction to try and decide the present complaint. 9. That the FIR lodged by the accused No.1 in connivance with accused No.2 to 5 tried by this Hon'ble Court and the Hon'ble Court acquitted the complainants in that case vide judgment dated 13.11.2009. Certified copy of judgment is also attached herewith. 10. That a court fee of rs 1/25 has been affixed on the complaint. 11. That the accused-persons have committed the offence under Sections 499/ 500 IPC and, therefore, they be summoned to face trial and they be punished according to law. It is, therefore, respectfully prayed that the accused may kindly be summoned and be punished as per law."
(3.) Learned counsel for the petitioners has submitted that a perusal of the complaint itself revealed that no offence under Section 500 IPC could be said to have been committed by the petitioners. Learned counsel for respondents No.2 and 3, on the other hand, has submitted that the said respondents had been made to face the trial on the basis of false allegations levelled against them by the petitioners. Due to the said trial, respondents No.2 and 3 had been defamed in their relatives and friends.;