-1- Criminal Revision No.2441 2007. Gur Parshad Singh Bagga and others Versus State of Punjab and another. Present: Mr.Vikas Singh, Advocate, for the petitioners. Mr. Vishal Munjal, Additional Advocate General, Punjab. None for respondent No.2. -.- Mohinder Pal, J. The petitioners, in a private complaint filed by Bakhsho (respondent No.2), vide order dated 11.9.2007, passed by the Additional Sessions Judge, Kapurthala, have been charged for indulging in rioting, committing gang rape on Bakhsho and committing theft of gold ear rings and gold ring of Bakhsho. In this petition, filed under Section 482 of the Code of Criminal Procedure (for short `the Code'), the petitioners seek quashing of the charge sheet dated 11.9.2007. I have heard the learned counsel for the petitioners and the learned Additional Advocate General, Punjab, and have gone through the records of the case. The residents of Village Kot Rani wanted to construct Ambedkar Bhawan at Village Kot Rani. The construction was to -2- Criminal Revision No.2441 2007. be done on a plot of about 4 Marlas. The site was adjacent to the house of the complainant. The site where the construction was to be made was recorded in the ownership of a large number of persons including Ram Sarup (since deceased), husband of complainant-respondent No.2. Various owners had given up their ownership over the said land vide agreement dated 17.12.2003. Since the husband of the complainant had occupied the said land, a complaint was made to the Panchayat. It was thereafter that the complainant lodged a complaint with the police making allegations that she had been raped by the Sarpanch, two Panches as well as a number of other persons. The complainant alleged that the incident had taken place on 13.2.2004. The complainant got herself admitted in the hospital on 13.2.2004. However, instead of getting her statement recorded, the complainant left the hospital of her own without permission from the hospital authorities. The police investigated the matter and found that the complaint of the complainant was false. Resultantly, proceedings against the complainant under Section 182 of the Indian Penal Code for giving false information with intent to cause public servant to use his lawful power to the injury of other persons were initiated against the complainant. In the said proceedings, the complainant was convicted and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.1,000/- by the trial Court vide judgment 6.12.2007 (Annexure P-4). Appeal filed by the complainant against the -3- Criminal Revision No.2441 2007. judgment dated 6.12.2007 has been dismissed by the Sessions Judge, Kapurthala, vide judgment dated 3.2.2009 (Annexure P- 8). In fact, while arguing the matter before the lower appellate Court in the appeal filed by the complainant against her conviction and sentence under Section 182, Indian Penal Code, her counsel did not seriously challenge the conviction and made submission for grant of probation. That request was acceded to and the complainant was granted probation by the lower appellate Court vide judgment dated 3.2.2009 (Annexure P-8). Petitioner No.1 is Sarpanch of Village Kot Rani. Petitioners Nos.2 and 4 are the Panches of Gram Panchayat, Kot Rani. Petitioner No.3 is a retired Constable and is aged above 65 years of age. Petitioner No.5 is about 65 years of age. Petitioners Nos.7 and 8 are about 70 years of age. The complainant- respondent herself is about 55 years of age. None of the Doctors examined by the complainant in support of her allegations has opined that there was any evidence of rape. It appears that the complainant is trying to solve a civil dispute, mentioned above, by taking recourse to criminal proceedings. Criminal law cannot be set in motion as a matter of course by merely producing some witnesses. In view of the above, this petition succeeds. The same is, accordingly, allowed and the impugned order dated 11.9.2007 passed by the trial Judge is quashed. Consequently, the complaint filed by the complainant and the subsequent -4- Criminal Revision No.2441 2007. proceedings arising therefrom are also quashed. January 25, 2010. ( MOHINDER PAL ) ak JUDGE