- (1.) This petition has been filed for the quashing of complaint bearing No.113 dated 21.01.2013, under Sections 447/427/148/149 IPC, police station Hargobindpur, Tehsil Batala District Gurdaspur, Annexure P5, pending before the court of learned Judicial Magistrate First Class, Gurdaspur as well as the summoning order dated 05.09.2013 passed by the learned Judicial Magistrate First Class, Gurdaspur, Annexure P6.
(2.) It is submitted that at the first instance, FIR No.117 dated 17.11.2010 had been registered under Sections 447/427/148/149 IPC against the petitioners on the statement of respondent No.2 Jagir Singh. As per the allegations in the FIR, respondent No.2 Jagir Singh stated himself to be in possession of land measuring 16 Marlas vide Khasra No.103-R Khetwar No.751 Khatoni No.1552 Hadbast No.21 situated in village Aulakh Khurd for the last 40 years. It is averred that the complainant's father Ajaib Singh used to cultivate this land earlier. After his death, the complainant was cultivating the said land. The complainant had sown mustard and rice crop and had got an interim order in his favour from the civil court but in spite of the same, the petitioners on 12.11.2010 at about 6-7 p.m. came on a tractor alongwith weapons and ploughed the land. The crop was allegedly destroyed by them.
(3.) Learned counsel for the petitioners submits that the allegations raised by the complainant in the FIR were thoroughly investigated and during investigation, it was found that the same were not made out. Petitioner No.5 Gurmeet Kaur is stated to have purchased the land, in dispute, vide sale-deed dated 08.09.2010 from its owner Dhanto. She is the owner in possession. Petitioner No.1 is her husband and petitioners No.2 to 4 are her sons. The allegations levelled in the FIR were found false and the cancellation report was submitted on 13.04.2011. On objections being raised by the complainant, the matter was yet again reinvestigated and the cancellation report again was filed on 01.05.2012.;