VINOD S. BHARDWAJ, J. (Oral)

CRM-21348-2026

Application is allowed as prayed for subject to all just exceptions.

Annexure P-11 is taken on record.

The Registry is directed to tag the same at an appropriate place.

Main case

Prayer in the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of FIR bearing No.29 dated 15.03.2017 under Section(s) 447 and 511 of the Indian Penal Code, 1860, registered at Police Station Sadar Kapurthala, District Kapurthala, along with all subsequent proceedings arising therefrom.

2 The aforesaid FIR has been registered on the statement of respondent No.2-complainant Gurdial Kaur wife of Hardev Singh alleging that the petitioners herein had tried to take forcible possession of her land and damaged crops in the said process. The true translated FIR reads thus: -

“Sir, it is submitted that I, Gurdial Kaur W/o Hardev Singh, am resident of Village Nurpur Dona, District Kapurthala. That on 26.07.2016, Dharampal and Mahinder Pal, residents of Lower Mall, Kapurthala and some unknown persons had illegally entered into my land and had damaged my bajra crop and had tried forcibly to take illegitimate possession of some of my land. In which connection I had given two complaints Local No. 28 dated 26.07.2016 and Local 29 dated 28.07.2016 to Chowki Incharge, Science City, Kapurthala, on which since no action was taken, hence I had given another complaint No. Local 40 dated 4.8.2016 at Police Chowki, Science City, when the aforesaid accused had again tried to take the possession, on which so far no action has been taken. That the aforesaid accused are very rich persons and due to their influence on Police I am not being heard and the aforesaid accused are openly threatening me to get me implicated in false cases. Therefore, I request you that all my above mentioned three complaints may be got enquired into from an SP rank officer and justice may be given to me by taking appropriate legal action against the aforesaid accused. I shall be grateful. Thanking you.”

3 Consequent upon completion of investigation, the final report in the present case was filed and cognizance thereof has been taken by the Additional Chief Judicial Magistrate, against the petitioners herein. Hence, the present petition.

4 Learned Senior counsel contends that false and frivolous complaints have been submitted by the complainant. Complete and correct particulars have not been disclosed. On her earlier application, inquiry was conducted and the allegations of trespass or forcible possession were disbelieved. Relevant extract of the report dated 15.09.2016 is reproduced as under: -

“That the applicant is claiming her right on this land of rasta. But since this rasta had been left in the mushtarka khata, hence it is being jointly used by all the parties, which is a very old rasta. While claiming her right on this rasta, the applicant had sown bajra on it. Out of which, as usual, due to passage of all the parties this bajra did not grow up and since the rasta was on lower side hence Dharampal Grover had thrown some malba on it so that it may get higher up. Nothing has come to light about indulging into abusing or trying to take possession by the opposite party. The allegations alleged by the applicant are not proved. It is recommended to file the applications.”

5 Thereafter, it was forwarded and approved by the Deputy Superintendent of Police, Kapurthala on 25.09.2016.

6 Subsequently, another application was submitted, which was also inquired into and a report No.211-R/SD dated 10.10.2016 was also submitted which reads thus: -

“As per report of the SHO P.S. the aforesaid application was given by Manpreet Singh Gill R/o England against the opposite party Dharampal Grover and Mahinder Pal Grover for forcibly taking the possession of the land, threatening Mata Gurdial Kaur and brother and abusing them. On perusal of the application it has been found that in connection with aforesaid subject earlier also