Crl. Misc. No. M-12576 of 2010 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-12576 of 2010 (O&M) DATE OF DECISION: 03.05.2010 Satya Devi & Ors. ..........Petitioners Versus Raghubir Singh ..........Respondent BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. R.S. Budhwar, Advocate for the petitioners. **** DAYA CHAUDHARY, J. Crl. Misc. No. 22614 of 2010 Application is allowed as prayed for. Crl. Misc. No. M-12576 of 2010 The present petition under Section 482 Cr.P.C. has been filed for quashing of criminal complaint No. 156/6/6/2008/213.2009 titled as “Raghubir Singh Vs. Narinder Kumar and Ors.” as well as summoning order dated 19.1.2010 passed by Judicial Magistrate Ist Class, Yamunanagar. Learned counsel for the petitioners submits that all the family members have been falsely implicated in this case and there is no involvement of the petitioners in the alleged occurrence. Moreover, in the complaint filed by the complainant, he has not mentioned as to on which date, the matter was reported to the police or some reminder was also sent. Learned counsel further submits that the petitioners have been Crl. Misc. No. M-12576 of 2010 (O&M) (2) summoned only on the basis of complaint filed by the complainant, which was filed after a delay of 9 months from the date of occurrence. It is also the contention of learned counsel that Satya Devi-petitioner No.1 and Sonia-petitioner No.5, who are 75 and 18 years old, respectively have falsely been implicated in this case. I have heard the arguments advanced by learned counsel for the petitioners and have also gone through the complainant as well as summoning order. As per case of the prosecution, a fight took place between the parties and in that fight complainant received injuries and the same has been corroborated by the MLR placed on the record. Prima facie a case under Sections 324,325,452,506 read with Section 149 IPC was made out and the accused were summoned by the trial Court. Even in the preliminary evidence, the complainant examined herself as CW-1 and her statement finds corroboration with the statement of Ramandeep, CW-2. He stated that accused-Narinder Kumar abused the labour and thereafter went to his house and came back to their house. He also deposed that after some time accused Narinder, Bhishan, Satya Devi, Renu, Sonia and Pardeep armed with lathies and iron rods forcibly entered into the house of Raghbir Singh and gave injuries. Specific role and injuries have been attributed to the accused persons, which finds corroboration with the MLR. The argument of learned counsel for the petitioners that petitioner No.1- Satya devi, who is 75 years old and petitioner No.5-Sonia who is 18 years old have falsely been implicated in the case with an ulterior motive, has no force as there is no relevancy of age. The allegations in the complaint have been supported by the statements of witnesses and on the basis of that statements and nature of injuries as reflected in the MLR. There is no merit in the arguments of learned counsel for the petitioners and as such no interference is required. Crl. Misc. No. M-12576 of 2010 (O&M) (3) Accordingly, the petition being devoid of any merit is hereby dismissed. May 03, 2010 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No