IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

129 CRM-M-56600-2025 (O&M)

Decided on : 11.02.2026 Jaswant Singh & Ors.

..... Petitioners VERSUS State of Punjab & Anr.

..... Respondents CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Present : Ms. Aakanksha, Advocate for the petitioners.

Mr. Eklavya Darshi, Deputy Advocate General, Punjab.

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SURYA PARTAP SINGH, J.

1. The petitioners, who are facing trial for the commission of offence punishable under Sections 329(3), 351(3) and 190 of Bharatiya Nyaya Sanhita, 2023, vide FIR No.122 dated 26.05.2025, have filed the present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of abovementioned FIR.

2. In nut-shell, the facts emerging from record are that the FIR of this came into being at the instance of ‘Baljinder Singh’, hereinafter being referred to as ‘complainant’ only. It was stated by the above-named complainant before the police that he was owner in possession of big chunk of land including the land comprised in Rectangle No.41, Killa No.18/Min (8-0) and was duly recorded in the jamabandi for the year 2022-23. According to complainant, he along with his uncle ‘Gurcharan Singh’ had purchased a land ad-measuring 8 kanal 4 marla from ‘Harbans Singh’ on 23.11.2024, and that they were placed in actual physical possession of the purchased land.

3. As per complainant, on 14.05.2025 at about 07:00 am, when his uncle ‘Gurcharan Singh’ was working in his field, Jaswant Singh along with Daler Singh, Gurpreet Singh, Rajinder Singh, Karam Singh, Jasvir Singh, Kulwinder Singh, Gurtej Singh, Sandeep Singh (petitioners No.1 to 9 respectively) and 4-5 unknown persons came in a car, bearing registration No.CH01-AT-5851, belonging to ‘Jaswant Singh’ and a Farm 60 tractor, belonging to ‘Daler Singh’, and started ploughing their fields. According to complainant, when his uncle tried to stop them, they threatened his uncle, who had to leave the abovementioned field out of fear.

4. It is the case of the prosecution, that in view of abovementioned information formal FIR of this case was lodged and the investigation taken up.

5. Notice of motion to respondent No.1

6. Mr. Eklavya Darshi, Deputy Advocate General, Punjab appears on behalf of respondent-State. Hence service of notice upon the State is hereby dispensed with.

7. It has been contended on behalf of petitioners that the abovementioned FIR has been filed on false ground, and that in fact, the petitioners are owner in possession of land comprised in Rectangle No.41, Killa No.18/min (8-0). According to learned counsel for the petitioners, on 14.05.2025 the crop of chilli sown by them was crushed by the respondent No.2, and when the enquiries were made by the petitioners, they came to know that the respondent No.2 in connivance with others had got the revenue entry of the abovementioned land, in Khasra Girdwari, changed in illegal manner.

8. According to learned counsel for the petitioners, the respondent No.2 along with some unknown persons had tried to take over the possession of abovementioned land, but it was resisted by the petitioners, and thereafter they thrashed the petitioners and inflicted injuries on their person. It has been further contended that after one week of the abovementioned incident, i.e. on 21.05.2025, the petitioners and respondent No.2 were summoned by SHO concerned at about 06:00 pm, when the SHO concerned misbehaved with the petitioners and subjected him to third degree torture.

9. It has been further contended by learned counsel for the petitioners that thereafter proceedings under Sections 126/170 of BNSS were initiated against the petitioner No.1 and the petitioner No.1 was produced before the SDM Malout, who admitted him to bail. According to learned counsel for the petitioner, on 23.05.2025, he had visited Civil Hospital Malout and moved a complaint to SSP Sri Muktsar Sahib, but no action has been taken on the complaint of petitioner. It has also been contended by learned counsel for the