DILBAG SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 79 dated 7.7.2011 registered at Police Station City Shahid Bhagat Singh Nagar, District Shahid Bhagat Singh Nagar under Sections 379, 427, 447 of the Indian Penal Code, 1860 ('IPC' for short) and all consequential proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the petitioner as well as respondent No.2 are co-sharers in the suit land. The land between the parties is jointly owned and possessed by them. Partition proceedings are pending between the parties.

(3.) Hence, the petitioner cannot be said to have committed an offence of criminal trespass in the land jointly owned and possessed by him. In support of his arguments, learned counsel has placed reliance on Swaran Singh vs. Senior Superintendent of Police, 1999 3 RCR(Cri) 707 wherein it was held as under:-