RAZWAN QAZI Vs. STATE OF J&K

JUDGEMENT

(1.) This is a petition under Section 561-A Cr.PC for quashing the FIR No. 224/2016 dated 27.10.2016 registered with Police Station, Bahu Fort (Trikuta Nagar), Jammu for commission of offences under Section 447, 427, 379 RPC. The genesis of the dispute between the parties is a plot of land measuring 01 kanal 14 marlas falling under Khasra No. 227 min situate at Sunjwan, Jammu.

(2.) The petitioners case is that the petitioner Nos. 5 and 7 are the sons of petitioner No. 6 and together petitioner Nos. 5 to 7 were in possession of the plot in question as owners till 2014. Thereafter, it is stated that the same was sold by petitioner No. 6 to petitioner Nos. 1 to 4. Two agreements to sell were executed in this regard, both on 09.11.2014. According to which 09 marlas were agreed to be sold in favour of petitioner No. 1 - Razwan Qazi, 09 marlas in favour of petitioner no. 2 - Mohd. Shafi, 10 marlas in favour of petitioner No. 3 - Shafiq Malik and 10 marlas in favour of petitioner No. 4 - Mohd. Hussain. It is alleged that along with agreements to sell, possession was handed over to petitioner Nos. 1 to 4 on the same date, boundary wall raised and the room constructed on the said piece of land.

(3.) The petitioners alleged that respondent No. 5 - Mohd. Basharat Malik wants to grab the land in league with respondent No. 2. With a view to prevent any such action, it is alleged that a civil suit for permanent prohibitory injunction filed by the petitioner Nos. 3 and 4 against the petitioner No. 6 - Abdul Gani, wherein an order of status-quo on spot dated 22.10.2016 was passed. It is alleged that an FIR came to be registered bearing No. 224/2016 dated 27.10.2016 against the petitioners with a view to harass them so that they handover the land to respondent No. 5. It is also alleged that respondent No. 5 tried to dismantle the wall and structure raised by the petitioners and was trying to interfere with the possession of the petitioners.