Concealment of material facts by the complainant in a criminal complaint case can influence the court's decision and lead to the setting aside of orders.

JUDGMENT

Arvind Singh Sangwan, J. - Prayer in this petition is for quashing of criminal complaint case No.86/1/11 dated 18.05.2011 (Annexure P4) and for setting-aside the summoning order dated 21.09.2015 (Annexure P6) and revisional order dated 26.02.2016 (Annexure P8) and all other subsequent proceedings arising therefrom.

2. Brief facts of the case are that the respondent - Jaswant Singh filed a criminal complaint No.86 dated 18.05.2011 with the allegations that he is owner of the land comprised in Khasra No.37//13(8-0), 1/4 (8-0), 17/1 (3-0), 18(8-0), 23/1 (4-0), 24 (80), 25 (8- 0), 38//19/3 (1-7), 20/1 (5-14), 21 (7-6), 22 (6-0), 50//5 (4-8) and K/K. No.577/786 bearing Khasra No.37//7/2 (2-4), 8/2 (2-4) situated in the area of village Sindhar, Tehsil Shahkot, District Jalandhar. It is further stated in the complaint that accused Nos.1 to 3 i.e. the present petitioners prepared a false agreement to sell and on the basis of the same, accused No.2 - Bahadur Singh filed a suit for specific performance, which is pending before the Civil Court, however, no such agreement was executed and it was only a money transaction. It is further stated in the complaint that the complainant was sowing different types of crops over the land, however, on 06.05.2011, the accused by forming an unlawful assembly came at the spot and with the help of tractor-trolley harvested the wheat crop and took away the same by abusing the complainant. For a ready reference, the operative part of the complaint reads as follows:-

"2. That the complainant is owner of the land covered by K/K. No.576/785 and comprised in Khasra No.37//13(8-0), 1/4 (8-0), 17/1 (3-0), 18(8-0), 23/1 (4-0), 24 (8-0), 25 (8-0), 38//19/3 (1-7), 20/1 (5-14), 21 (7-6), 22 (6- 0), 50//5 (4-8) and K/K. No.577/786 bearing Khasra No.37//7/2 (2-4), 8/2 (2-4) situated in the area of village Sindhar, Tehsil Shahkot, District Jalandhar. Name of the complainant has been recorded in the Jamabandi and Khasra Girdawari, which is Annexure-A.

3. That accused No.1 to 3, in connivance with other accused prepared a false agreement to sell regarding my land and accused Bahadar Singh filed a suit of possession by way of specific performance regarding my land in court of law. In fact no agreement was ever executed, and it was only money transaction. The copy of the suit filed by accused No.2, Bahadar Singh is Annexure- B.

4. That the complainant has been sowing different crops over this piece of land and at present wheat crop has been sown and it was ready to harvest, all accused threatened the complainant that they will not allow the complainant to harvest the wheat crop and the complainant immediately filed complaint to S.H.O., Lohian Khas, vide receipt No.6 dated 29.04.2011. Copy of the complaint is Annexure-C and copy of receipt is Annexure-D.

5. That on 06.05.2011 at about 7.30 P.M., all the accused formed unlawful assembly, in furtherance forcibly entered in my land with combine and tractor forcibly trespassed and all the accused were armed with deadly weapons. Accused No.1 Naranjan Singh was armed with Kirpan, accused No.2 Bahadar Singh with Double Barrel Gun, remaining accused were also armed with dangs and datars. Naranjan Singh accused, started abusing complainant with very filthy language "Kanjar, Kuta, Haramzada, Bhain-Chot. etc." and raised lalkara that if the complainant will come to stop us from harvesting the wheat crop, then he will be done to death. Puran Singh and Rajinder Singh accused were driving the tractor and Kulwant Singh was driving scorpio. The complainant was helpless, as there was danger to his life, if he dare to stop them from harvesting the crop. All the accused cut the wheat crop and stolen the wheat and took on the vehicles/tractor-trolleys and left the spot and while leaving the accused threatened that if the complainant dare to report the matter to police, then they will kill the complainant and will not allow the complainant to cultivate the land. The accused committed offenc