- (1.) THIS petition has been filed under Section 482 Cr.P.C. seeking the relief of quashing of FIR No. 141 dated 7.9.2012 (Annexure P -1) registered at Police Station Navi Baradari, District Jalandhar.
(2.) THE FIR in this case, which was registered on the complaint by Satish Sharma, Advocate, reads as follow : - "1. That an applicationi/complaint was filed by me duly authorized by Mrs. Sheela Bhardwaj aged about 78 years wife of Sh. Bharat Bhushan Bhardwaj resident of House No. 3315 Sector 32 -D Chandigarh against one Vikas son of Sh. Surinder Kumar, Mrs Avinash wife of Sh. Surinder Kumar and Mrs. Sudesh all residents of house No. 220, Street No.5, Central Town Jalandhar. On the application, the accused were called by the SHO PS Baradari, Jalandhar many times and finally on 12/07/2012 with the intervention of respectable persons, the matter was 'soughed of' and /compromise was also taken into writing in the police station on 12/07/2012 duly witnessed by respectable persons including Mr. Berry Ex -Councilor, MC, Jalandhar. The parties were bound with the terms of the said compromise, which is still in the record in the police station. 2. That as per the terms of the compromise, the applicant had gone to the site in order to implement the compromise, 2/3 times and to take away some goods lying there in the portion of the house duly possessed by the applicant, but all the accused did not allow to open the locks of the main gate and started creating nuisance on the road and threatened us to implicate in some false case. Being ladies, we did not want to be in trouble and informed the concerned police station immediately. 3. That yesterday, in the afternoon, we again went to take some good lying there in our portion and in order to implement the terms of the compromise peacefully, but all the accused again started making trouble for us and started throwing stones on us and used very abusing languages. They refused to obey the terms of the compromise, which was taken into writing in the presence of respectable witnesses in the police station on 12/07/2012. In view of the circumstances, it is, therefore, requested to depute some police officials at the site to avoid any in eventuality and further dispute likely to be created by all the accused. It is further requested that to register a case against all the accused under the provision of Indian Penal Code keeping in view of the earlier complaint bearing no. 2221 - 5 dated 03/06/2012."
(3.) THE police after making enquiries registered the case for offence under Sections 380, 448, 506 IPC and arrested the petitioners. The dispute in between the parties revolves around the properties owned by Hari Chand Tugnait, who died on 11.9.1979 leaving behind six children namely Harcharan Dass (son), Leelawati (daughter), Sheela Rani (daughter), Sham Lal (son), Krishan Lal (son) and Kanta (daughter).;