Vijay Bishnoi, J. - (1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing the FIR No.49/2014 dated 11.02.2014 of Police Station, Aspur, District Dungarpur, for offence punishable under Sections 143, 447, 393, 323, 354 and 149 IPC.
(2.) In the instant case the respondent No.2 filed a complaint in the Police Station, Aspur, District Dungarpur, on the basis of which the impugned FIR is registered against the petitioners for aforesaid offences, with the allegations that a piece of land was sold by the petitioner No.1 to father-in-law of the respondent No.2 through agreement on 25.04.1980 and since then they were having possession on the said land. It is alleged that on 10.02.2014, the petitioner along with co-accused persons came to the said land and started levelling the said land by JCB and when the respondent No.2 along with her husband tried to stop them all the petitioners stated beating them.
(3.) Learned counsel for the petitioners has argued that on 10.02.2014, the petitioner along with his family members was cleaning the said piece of land and the complainant-respondent No.2 along with her husband came to the site and started quarrelling and beating the petitioner No.6 and started abusing by bad words and on her shouting, all the other co-accused came there. The petitioner No.6 approached the police station but her FIR was not lodged, therefore, the petitioner No.6 filed the complaint before the Judicial Magistrate, Aspur, District Dungarpur on 12.02.2014 but till date FIR is not registered. It is further contended by learned counsel for the petitioners that the respondent No.2 never supplied or shown the copy of the sale agreement, wherein it is mentioned that the land in question was sold by the petitioner No.1 to father-in-law of the respondent No.2. It is further contended that in the Jamabandi of Samwat 2069 the land in question is recorded in the name of the petitioner No.1 as khatedar and, therefore, the FIR may kindly be quashed.;