RAJ KUMAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr. P.C. for quashing of FIR No. 519 dated 31.12.2011 under Sections 419, 420, 467, 468, 471 IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984, registered at Police Station Gharaunda, District Karnal. Learned counsel for the petitioners has submitted that FIR has been registered by Ajay Kumar, Sarpanch, Gram Panchayat against the petitioners on account of party faction. The civil suit regarding the said land filed by the Sarpanch is pending in the Court of Sh. Gagandeep Mittal, Civil Judge Junior Division, Karnal. The matter is civil in nature and no criminal case is made out. It is further submitted that in the year 1954 -55 the plot in dispute was allotted in the name of three persons namely Sadhu Ram, Ganga Ram and Ruhla. Father of petitioners No. 1 and 2 was having three sides open plot having an area of 45' X 50' in the Lal Dora of village which was exchanged by the abovesaid three persons with the plot in dispute. Petitioners No. 1 and 2 have earlier filed a civil suit for declaration, which was decreed on 10.2.2005 on the basis of compromise. The petitioners have been unnecessarily harassed on account of party faction.

(2.) I have carefully considered the said submission and have gone through the record produced on the file.

(3.) THE proceedings under Section 482 Cr. P.C. can only be resorted to in case there is an abuse of the process of the Court or the criminal proceedings have been initiated with mala fide intention.