JUDGMENT

1. The petitioners have filed the present petition for quashing the FIR No. 28 of 2016 dated 05.04.2016 registered by the respondent No. 3 for commission of offences under Sections 451, 147 and 323 RPC at the instance of the respondent No. 4.

2. It is stated that the petitioners and private respondents 4 to 6 are neighbours and residing at Pritam Nagar, Paloura. Number of litigations are pending between them before various courts. The petitioners had filed a complaint before the Municipal Commissioner, Jammu in respect of the encroachment of the public lane by the private respondents. It is stated that on 16.01.2016, the private respondents 5 & 6 alongwith other goons assaulted the petitioner Nos. 1, 2 & 3 regarding which an application was submitted before the learned 3rd Addl. Munsiff, Jammu under Section 156 (3) Cr. P.C, but no action was taken by the respondent No. 3, as he was hands in gloves with the private respondents. A copy of order dated 16.01.2016 passed by the learned 3rd Addl. Munsiff, Jammu directing the SHO, Police Station, Janipur to register FIR and investigate the case has been placed on record by the petitioners. The petitioners claim that they never attacked or assaulted the private respondents but the private respondents along with co-accused broke the main gate of house of the petitioners and entered their house. They were attacked and beaten up by the private respondents and their goons. Due to the attack by the private respondents, the petitioner No. 2 suffered serious head injury and was taken to Government Medical College, Jammu for treatment, where he got 6/7 stitches on his head and suffered other bodily injuries for which he remained admitted in the hospital for 6 to 7 days.

3. The petitioners are seeking quashing of the FIR impugned in this petition on the ground that the same has been lodged as a counterblast to the litigations which are already pending between the petitioners and private respondents. It is also contended that it was the petitioner No. 2 who had suffered serious head injury. In the FIR, the time of incident has been mentioned as 9.15 PM, whereas the time when the petitioner No. 2 reached the hospital, has been mentioned as 9.45 PM. The FIR was registered at 11.25 PM i.e. after two hours of the alleged occurrence, which clearly shows that it was an afterthought. The petitioners have also placed on record copy of FIR No. 30/2016 for offences under section 451, 323, 506 RPC registered at the instance of petitioner No. 1 against the private respondents Nos. 5 & 6.

4. The respondent No. 1 has filed the status report, stating therein that on 5thApril 2016, on receipt of a written complaint, FIR No. 28/2016 under sections 451, 147, 323 RPC was registered in Police Station, Janipur against the petitioners and one Sandesha Devi and Sheetal Manhas. In the application submitted by Madhu Manhas, it was stated that in the evening when she along with her son, Ankesh Manhas after getting medical check-up at Pandoka Colony at about 9.15 pm, reached their house, they saw that above mentioned accused persons entered the veranda of their house and assaulted her husband and daughter. The complainant was also beaten, and they received serious injuries. Some people came on spot and saved them from the accused persons. It is stated that during the investigation, offences under Sections 452, 148 RPC were added and offence under Section 451 RPC was deleted. It is further averred that the medical report of the injured persons was also collected from the Government Medical College, Jammu and as per the investigation, offences under Sections, 452, 147,148 323 RPC have been proved against all the accused persons.

5. Learned counsel for the petitioners has vehemently argued that the charge sheet in FIR No. 30/2016 stands already filed. He has further argued that the FIR impugned in this petition has been lodged only to harass the petitioners and to settle the dispute between the parties and it was the p