TARLOCHAN SINGH Vs. JASPAL SINGH CHAUDHARY

JUDGEMENT

(1.) TARLOCHAN Singh and others have filed this petition under Section 482 CrPC for setting aside the order dated 15.5.1991 passed by the learned Sessions Judge, Ambala Annexure P/1, order dated 11/12.7.1990 passed by Sub Divisional Magistrate, Ambala Annexure P/2 and consequently the quashing of the proceedings initiated against the petitioners under Section 145 CrPC.

(2.) PROCEEDINGS before the Sub Divisional Magistrate were initiated on the basis of the Calendar Annexure P/3 submitted by Assistant Sub Inspector Shingara Singh. The brief facts as given in the calender are that House No. 3929/2, situated at Ambala City was purchased by Lachhmi Devi mother of Jaspal Singh respondent in the year 1965. Lachhmi Devi had three sons and two daughters. Two of her sons had died and only Jaspal Singh was alive. Her daughter Gurbax Kaur was married to Ram Singh and other daughter Gurcharan Kaur was married to Jodh Singh. In the year 1974 Lachhmi Devi executed a Will in respect of her house in favour of her son Jaspal Singh and his wife Jagmohan Kaur. On the eastern side of the house Gurcharan Kaur resided with her family and on the western side Gurbax Kaur lived with her family. The main entrance door of the House was situated towards the North and this was the only entrance to the house. After the death of Lachhmi Devi, Jaspal Singh took possession of the house but since he was living away from Ambala Cantt., the house was looked after by his brother-in-law Ram Singh, who was his attorney. A public school functioned in this house till 31.3.1988. On 19.4.1988 Gurcharan Kaur by deceitful means showing herself to be the owner executed a deed regarding the entrance room in favour of Maksudan Lal. On 2.5.1988 when Gurbax Kaur went for cleaning the house Maksudan Lal and Tarlochan Singh forcibly snatched a bunch of keys from her. They broke open the door and entered the house. A report regarding this incident was made at the police station by Jaspal Singh and case FIR No. 257, under Sections 420, 448, 451 I.P.C. was registered at Police Station, Ambala City. During investigation Jaspal Singh asserted his title over the house while Tarlochan Singh, Gurcharan Kaur and Maksudan Lal claimed themselves to be the owners of the house and entrance room. As both the parties asserted their respective rights, the entrance room was sealed and calendar was presented for initiating proceedings under Section 145 CrPC against Jaspal Singh Party No. 1, Tarlochan Singh, Gurcharan Kaur and Maksudan Lal Party No. 2.

(3.) THE petitioners alleged that the impugned orders were liable to be set aside as the Sub Divisional Magistrate had not applied his mind before issuance of notice to them and he acted mechanically. He did not record reasons in writing that he was satisfied that there existed a dispute which was likely to cause breach of peace and, thus, mandatory provisions of Section 145 CrPC were not complied. It was further pleaded that civil litigation was already pending between the parties regarding possession of the premises and when Civil Court was seized of the matter proceedings under Section 145 CrPC should not have been initiated. The property in question was jointly owned by the parties and it had not been partitioned amongst the legal heirs of Smt. Lachhmi Devi. Proceedings under Section 145 CrPC with respect to joint property were also not maintainable.