SURJIT KAUR Vs. STATE OF PUNJA

JUDGEMENT

(1.) Prayer made in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.106 dated 5.12.2012 registered under Sections 379 / 447 IPC at Police Station Bholath, District Kapurthala and all other subsequent proceedings arising therefrom. Brief facts of the case are that Harbans Singh and Baldev Singh are the real brothers and they were holding 86 Kanals 18 Marlas of land situated in village Akala, Police Station Bholath, District Kapurthala. Harbans Singh had sold 12 Kanals of land out of his share to Harjinder Singh vide sale deed dated 29.12.1999 and also handed over the possession of the sold portion to him. After the death of the other brother Baldev Singh, his wife Surjit Kaur also sold some land vide two sale deeds, i.e. the first sale deed dated 5.9.2005 for 9 Kanals 6 Marlas of land to one Amarjit Kaur and another sale deed dated 11.4.2011 vide which 03 Kanals 12 Marlas of land was sold to Amarjit Kaur.

(2.) It is admitted case of the parties that the partition proceedings regarding the partition of the land was pending between the parties and one more person, namely, Sukhjinder Singh had set up a claim of 17 Kanals 13 Marlas of land with the allegations that his father Jagtar Singh had also purchased some land from Harbans Singh and started claiming possession on the land, which, according to the petitioner, was in possession of Gurmej Singh and Amarjit Kaur. Later on, on an application made by said Sukhjinder Singh, the Sub Divisional Magistrate, Bholath vide impugned order dated 30.9.2011 initiated the proceedings under the 145 Cr.P.C . regarding the disputed land, i.e. 35 Kanals 7 Marlas. Thereafter, on 6.12.2011 by the Sub Divisional Magistrate, Bholath appointed a Receiver under the provision of Section 146 Cr.P.C. Thereafter, Sukhjinder Singh filed a criminal revision before the Court of Sessions, in which, on 9.5.2012, the following order was passed :-

(3.) Counsel for the petitioner submits that thereafter, on 16.11.2012, the Sub Divisional Magistrate, Bholath again initiated the proceedings under Section 145 Cr.P.C. qua 35 Kanals 7 Marlas of land and appointed a Receiver vide impugned order dated 16.11.2012. Counsel for the petitioner, in the meantime, the petitioner had harvested the wheat crop, according to their share, however, the impugned FIR No.106 dated 5.12.2012 was got registered by the Sub Divisional Magistrate, Bholath under Sections 379 and 447 IPC in Police Station Bholath, District Kapurthala on the allegations that though the Receiver has taken the possession yet the petitioners have harvested the wheat crop and, therefore, they have committed the offence punishable under Sections 379 and 447 IPC. Counsel for the petitioners has sought the quashing of the FIR on the grounds that, in fact, it is purely a civil dispute, in which the partition proceedings were pending and in pursuance to the Section 145 Cr.P.C. proceedings initiated by the Sub Divisional Magistrate on 16.11.2012, the possession was never delivered to the Receiver.