NASIB SINGH Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) The conspectus of the facts, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that the petitioner and other co-owner had purchased the plot, bearing No.49 from the Improvement Trust, Jalandhar, by means of sale deed dated 01.08.1966 (Annexure P2). In pursuance thereof, the mutations (Annexures P3 to P7) were sanctioned on 23.08.1966 in favour of petitioner. It was also claimed that after the death of Surjit Kaur, he had also purchased the share of her son Rajinder Singh, in pursuance of power of attorney (Annexure P8) and sale deed (Annexure P9). Narinder Singh son and Neelam daughter, other heirs of Surjit Kaur, filed the civil suits (Annexures P10 & P13), with regard to the same property, in which, status quo/stay orders (Annexures P11 & P14) were passed. The contempt petition (Annexure P 19) was filed for violation of the stay orders. The petitioner has also filed the civil suit (Annexure P20) against Narinder Singh and others. It was alleged that on 29.11.2006 since Ajay Puri tried to trespass into his premises, so, the incident was reported to the police. However, the matter was stated to have been compromised and ASI Pal Singh submitted his report (Annexure P24) in this respect.

(2.) According to the petitioner that instead of awaiting the final outcome of the long protracted civil litigation between the parties, Ajay Puri son of late Raj Kumar, claiming himself to be a property dealer and alleged attorney of Kamal Kishore and Indira Rani, lodged a criminal case against the petitioner on the allegations that on 28.11.2006, when they visited and entered into the premises in dispute, then they found that the petitioner has put his own lock by breaking their lock and stopped them from entering into the site in question. In the background of these allegations, a criminal case was registered against the petitioner, vide FIR No.383 dated 30.11.2006 (Annexure P1) on accusation of having committed the offences punishable under sections 427, 448 and 511 Indian Penal Code by the police of Police Station Division No. 6, Jalandhar, in the manner depicted hereinbefore.

(3.) The petitioner did not feel satisfied with the registration of the criminal case and preferred the present petition for quashing the FIR (Annexure P1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C. interalia on the grounds that the dispute between the parties is purely civil in nature and subject matter of civil suits mentioned hereinabove. Since the petitioner is owner and in possession of the property in question, so question of committing the indicated offences did not arise at all. It was claimed that the complainant has lodged a false report in order to take revenge and to put pressure on the petitioner, which is abuse of process of law. According to the petitioner, no offence whatsoever is made out against him. On the strength of aforesaid grounds, the petitioner sought to quash the FIR and all other subsequent proceedings arising therefrom in this relevant connection.