JASBIR KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THROUGH this petition filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter called the Code), the petitioners seek the quashment of the order of the Executive Magistrate, Narwana initiating proceedings under section 145 of the Code and order dated 2.1.1990 (Annexure P3) attaching the land and appointing Tehsildar Narwana as receiver, under section 146 of the Code.

(2.) THE briar resume of facts relevant for the disposal of this petition is that Kartar Singh was the owner of the disputed land. He. died in the month of a March/April 1989. During his life time, Kartar Singh aforesaid suffered the decree of Civil Court relating to half of the land in favour of his son Kapur Singh. in the year 1982; Kartar Singh suffered two decrees transferring 71 kanals out of the remaining land to Ranjit Singh adopted son of aforesaid Kapur Singh and 63 kanals of land in favour of Jasbir Kaur, wife of aforesaid. Kapur Singh. On the basis of these decrees, the ownership of the land was transferred in the name of those persons and mutations were sanctioned. Aforesaid Kartar Singh had one daughter, namely, Bir Kaur. Respondents 2 to 5 of the first party are the legal heirs of aforesaid Bir Kaur. During the summer vacation, on 18-6-1989, Kapur Singh along with the present petitioners filed a suit for a permanent injunction wherein the learned District Judge, Jind on 19-6-1989 passed an ex parte ad interim order restraining the heirs of Bir Kaur Respondents 2 to 5 from interfering in plaintiffs possession over the disputed land. This application for interim stay was ultimately disposed of by Shri Jagdev Singh. Sub Judge IInd Class, Narwana on 12.2.1990 and both the parties were directed to maintain status quo regarding the possession of the disputed land. Jasbir Kaur aforesaid is alleged to have executed a gift deed regarding 63 kanals of land in favour of Trilok Singh and others and delivered its possession. The sons of aforesaid Bir Kaur challenged both the decrees suffered by Kartar Singh in the year 1982 as well as the gift deed executed by Jasbir Kaur through a civil suit. They further claimed to be in actual possession of the disputed land and prayed for injunction.

(3.) AGGRIEVED by the initiation of the above-referred proceedings under 145 of the Code as well as the order Annexure, P3 under section 146 of the Code, the petitioners have filed the present petition, inter alia, on the ground that the civil Court being already seized of the matter and having restrained the present respondents (Party No. 1) from interfering in the possession of Jasbir Kaur etc. Party No. 2 (i.e., the petitioners), the Executive Magistrate had no jurisdiction to initiate the proceedings under section 145 of the Code as there was no bonafide dispute between the contending parties over the possession of the" land. It is also, maintained that security proceeding's under section 107 of the Code having already been instituted between the parties, the contingency to maintain peace stood well covered.