BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this petition proceedings before Sub-Divisional Officer, Rajpura are sought to be quashed simply on the ground that civil litigation is also pending between the parties. In para 3 of the reply filed on behalf of respondent No. 2, the finding of the Civil Court with regard to possession has been quoted and it is clearly mentioned therein that is no possible to issue an order of injunction or to dismiss the application because a careful perusal of the documents placed on the record does not help in arriving at a conclusion as to who was in possession of the land in suit. In this situation of the matter, in view of Mohinder Singh v. Shri Dilbagh Rai, 1976 PCR 803 (DB), mere pendency of a civil suit, regarding the same subject matter between the parties does not bar the criminal Court from exercising jurisdiction under Section 145 Crl. P.C. The parties have simply been directed by the Civil Court to maintain status quo till the decision of the suit and it is expressly mentioned that the Civil Court does not prima facie feel satisfied about any party being in possession of the subject matter of the suit. In the given premises when both parties claim possession, in their anxiety to get into actual possession, a dangerous situation can develop any moment. I, therefore, am of the considered opinion that no case for quashing of the proceedings under Section 145 of the Code of Criminal Procedure, is made out. This petition, accordingly, is dismissed.