Mr. Inderjit Singh, J.: - Petitioners Santokh Singh, Chamkaur Singh, Malkit Singh, Harpal Singh and Balwinder Kaur have preferred the instant petition for quashing of case FIR No.582 dated 12.08.2009, registered at Police Station, Kotwali Bathinda, District Bathinda under Sections 448, 379, 148 and 149 IPC and the subsequent proceedings arising therefrom.

2. The brief facts of the present petition are that the FIR in the present case has been registered at the instance of Harpreet Singh, who is a police officer in the office of Senior Superintendent of Police, Bathinda. As per the facts, Gurdev Singh and Tejinderjit Kaur, who are uncle and aunt of petitioner No.1 Santokh Singh, are residing at Virginia in USA for the last many years. They have one house constructed on plot measuring 250 square yards at Nachhatar Nagar, Gali No.2, which is opposite to the house of ASI Harpreet Singh, complainant. Petitioner No.1 has stated in the petition that he is the care taker of the aforesaid property. In the month of December, 2008, he visited the said property and found that complainant Harpreet Singh had already demolished the said house and filled up the foundations on the said plot. When petitioner No.1 talked to complainant and told him that the said property belongs to his uncle and aunt then the complainant told petitioner No.1 that the said property belongs to him as he has purchased the same and threatened petitioner No.1 that if he further argued then he (complainant) will get him behind the bars. Petitioner No.1 made a written complaint to Senior Superintendent of Police on 18.12.2008. On the said complaint, Superintendent of Police (D) got recorded the statements of petitioners as well as of complainant ASI Harpreet Singh and prepared the report in which it has been specifically mentioned that Harpreet Singh has taken the said house for tethering the animals from its owner Gurdev Singh by talking on telephone. It is further stated in the petition that the owners of the property are living abroad. One Balwant Singh Dhillon, Advocate, allegedly entered into an agreement with complainant Harpreet Singh for the sale of said house for an amount of Rs.9,10,000/-. It is stated that Balwant Singh Dhillon purchased the said plot from Professor Karam Singh vide agreement to sell dated 26.08.1988 and this fact was never brought to the notice of Superintendent of Police (D), Bathinda. ASI Harpeet Singh in a revengeful attitude lodged the complaint by misusing the powers, to Senior Superintendent of Police, Bathinda against the petitioners as well as against Balwant Singh Dhillon, Advocate and an FIR has been registered on the basis of alleged inquiry conducted by Superintendent of Police (H) which is totally against the facts and law. It is also stated in the petition that during inquiry, it has come on record that Balwant Singh Dhillon had purchased the said property from one Professor Karam Singh on the basis of agreement to sell whereas no agreement to sell or sale deed has been placed on record. In the FIR, the complainant stated as under:-

“That on 30.07.2008 I purchased one house measuring 250 square yards of Khasra No.3667/2 in which two rooms, boundary wall and one iron gate was fixed from advocate Balwant Singh Dhillon vide agreement for consideration of Rs.9,10,000/-. This agreement was written by Balwant Singh Dhillon and he has written that he is owner in possession of this house. The possession of this house was given by Advocate Balwant Singh Dhillon on 30.07.2008 while writing agreement to sell. That after about 3 months when I started the work on this purchased house then there came Santokh Singh son of Baldev Singh resident of Village Poohli, Malkit Singh resident of Village Poohli, Chamkaur Singh and some of their companions and said that this house is in the name of Tejinderjit Kaur wife of Gurdev Singh resident of Village Poohli and now she is residing in America. After this, these persons removed the electric