1. The present petition has been filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking
quashing of FIR No.113 dated 04.07.2022, registered under Sections 447,
511, 427, 506, 148 and 149 IPC at Police Station Gharinda, District Amritsar
(Rural), along with all consequential proceedings arising therefrom qua the
present petitioners.
2. As per the allegations in the FIR, the complainant Surinderpal
Kaur alleged that her husband, late Jarnail Singh, had obtained 16 Kanals
and 10 Marlas of land on a 99-years lease from Amar Singh in the year 1970
and the mutation of lease had been duly sanctioned. After the death of her
husband in the year 1993, the cultivation entries (Girdawari) were recorded
in her favour and in favour of her children. Subsequently, the land was given
on contract to one Sukhchain Singh for cultivation. It is alleged that on
CRM-M-54260-2025 (O&M) -2-
26.06.2022, Sukhchain Singh informed the complainant that accused
persons, namely Iqbal Singh, Ranjit Singh, Sharanjit Singh, petitioner No. 3
Jagtar Singh, petitioner No. 1 Partap Singh, petitioner No. 4 Gursewak
Singh, petitioner No. 2 Gurpreet Singh and Manjit Kaur, armed with kirpans,
gandasis, datars and sticks, came to the leased land while raising lalkaras.
They allegedly destroyed the paddy seedlings sown over about two killas of
land with the intention of forcibly taking possession of the property. The
accused persons are also alleged to have criminally intimidated Sukhchain
Singh and trespassed upon the land, thereby causing damage to the standing
crop. On the basis of these allegations, the present FIR came to be registered
for offences under Sections 447, 511, 427, 506, 148 and 149 IPC.
