IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision :14.11.2025 Jasbir Singh and another ......Petitioners Versus State of Haryana and another ...... Respondents CORAM: HON'BLE MR.JUSTICE SURYA PARTAP SINGH Present : Mr. Chandan Singh, Advocate for the petitioners.

Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana.

SURYA PARTAP SINGH , J . (Oral) :

1. For the commission of offence punishable under Sections 428 IPC [Sections 201 and 429 IPC added later on], the FIR No.495 dated 28.09.2023, has been lodged in Police Station City Jind. The petitioners have been implicated as accused and they are being prosecuted for the commission of above mentioned offence. Petitioners are aggrieved of their prosecution vide above mentioned FIR and they have filed this petition for quashing of FIR.

2. In nut-shell the facts emerging from record are that the FIR in question came into being on the statement of ‘Rajbir’, hereinafter being referred to as ‘complainant’ only. It was stated by the complainant that on 02.09.2023 when he was taking his cattles for grazing towards fields, ‘Jasbir’, his son ‘Bablu’, ‘Sarabjit’, wife and daughter had beaten up his cattles mercilessly. As per complainant in the above mentioned incident one of his buffalo suffered such a grievous injury that the abovesaid buffalo was brought back to home in a vehicle. It was requested by the complainant that strict action be taken against them. It is the case of the prosecution that on the basis of above mentioned complaint formal FIR of this case was lodged and the investigation taken up. According to prosecution during the course of investigation it was found that allegations contained in the above mentioned complaint qua the son namely ‘Sarabjit’, wife and daughter of ‘Jasbir’ were not true, and therefore, the challan has been filed against ‘Jasbir’ and ‘Bablu’ only. 3. The petitioner has filed the present petition for quashing of FIR on the ground that the petitioners are law abiding and peaceful citizens who have been falsely implicated in the present case and that the entire story as projected by the complainant is not only vague and inconsistent, but also not sufficient to inspire confidence. According to the petitioners on the basis of allegations contained in the FIR any offence is not made out, and therefore, the FIR and the subsequent proceedings, pursuant to above mentioned FIR, against the petitioners are liable to be quashed.

4. Notice of motion.

5. Since advance notice has already been served, Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana, appears on behalf of respondent-State, and waives service. He has not opted to file reply in writing. However he has orally opposed the present petition.

6. Heard.

7. It has been contended by learned counsel for the petitioners that the complaint filed by the complainant, against the petitioners, is nothing but the bundle of lies with a revengeful intention. According to learned counsel for the petitioners the falsity of the allegations, contained in the complaint, can be gauged from the fact that, with regard to an incident which had taken place on 02.09.2023, the FIR was lodged after a gap of 26 days, i.e. on 28.09.2023. In addition to above, the learned counsel for the petitioners has also contented that the allegations contained in the complaint were against 5 persons but on the basis of same allegations and same evidence, challan has been filed against two persons only, and three persons have been exonerated. According to learned counsel for the petitioners the above mentioned development in itself makes it abundantly clear that the complaint filed by the complainant was based on false allegations.

8. It has also been contended by learned counsel for the petitioners that during the course of investigation also no cogent and reliable evidence has been collected by the Investigating agency, and therefore, the FIR in question, and the subsequent prosecution of petitioners is nothing but an abuse of process of la