JUDGMENT

Mr. Gurbir Singh, J.

Prayer in the present petition filed under Section 482 Cr.P.C., 1973 is for quashing the Criminal Complaint No.COMI/106/2016 dated 20.08.2016 (Annexure P-1) filed by respondent no.2 as well as the impugned summoning order dated 20.05.2019 (Annexure P-2) passed by learned Judicial Magistrate 1st Class, Charkhi Dadri, vide which the petitioners have been summoned for the offences committed under Sections 147 , 148, 323, 324, 506 read with Section 149 IPC in the above said Criminal Complaint.

2. Learned counsel for the petitioners has submitted that respondent no.2-complainant filed the complaint (Annexure P-1) on the allegations that on 21.04.2016, at about 07:30 PM, his brother Sukhvinder Singh was returning to his house, from the fields. On the way, when he reached near the house of Sombir, Parveen caused a stone injury from the roof and raised lalkara that on that day, they would beat him. On that, other accused persons namely Sombir, Sukhbir, Manbir, Jasbir and Smt. Ved Kaur, in connivance with each other, attacked his brother Sukhvinder Singh with lathies, iron rods, knife and jelli. Jasbir caused a knife blow on the person of his brother. In order to save himself, he guarded the knife blow with his left hand, the blow hit on his hand. Parveen caused lathi blow on his head. His brother raised alarm. Complainant and his uncle Ram Niwas reached the spot to save Sukhvinder. All the accused attacked him and his uncle Ram Niwas with lathis, dandas, jelli and knife. Sombir caused injury on the right leg of Ram Niwas, then Manbir and Sukhbir caused injuries on back and head and Ved Kaur caused injuries on his left and right hands and forehead. Parveen and others also caused injuries. Ishwar son of Deda Ram and Karamvir son of Jai Lal and others came. They had seen the occurrence and saved him and his brother from the clutches of the accused. Then, the accused persons left the place of occurrence after giving threats of killing to the complainant and his brother. Thereafter, complainant, his brother and uncle were shifted to hospital. They were medico-legally examined. Police came there and made verbal inquiry from the brother of complainant Sukhvinder and got his signatures on blank paper and police said that his statement would be recorded on that paper. Later on, it was known that FIR No.79 dated 22.04.2016 was recorded but the same was cancelled on the basis of opinion of doctor. Police did not record the correct statement.

3. Learned Trial Court, after recording preliminary evidence, summoned the petitioners under Sections 147 , 148, 323, 324, 506 read with Section 149 IPC, vide order dated 20.05.2019 (Annexure P-2).

4. Learned counsel for the petitioners has argued that regarding the same occurrence, brother of respondent no.2-complainant namely Sukhvinder Singh got registered FIR No.79 against the present petitioners under Sections 147 , 148, 149, 323, 324 IPC, at Police Station Badhra. During investigation of the said FIR, police found all the allegations levelled by respondent no.2 false and frivolous. Consequently, cancellation report dated 21.05.2016 (Annexure P-3) was prepared and submitted in the Court of learned Judicial Magistrate 1st Class, Charkhi Dadri. Respondent no.2 and his brother Sukhvinder Singh were not satisfied with the investigation carried out by the police. So, they approached the higher authorities, requesting them for fresh investigation of the case through some high-ranked police officer. Resultantly, Deputy Superintendent of Police, Badhra conducted fresh investigation in the matter and found the allegations levelled by respondent no.2 and his brother to be false and base