SUNITA KAPOOR & ANR. Vs. STATE & ORS.

JUDGEMENT

(1.) By the medium of this petition, the petitioners have invoked the jurisdiction of this Court in terms of Section 561-A of Code of Criminal Procedure (for short, Cr.P.C.), seeking to quash FIR No.129/2012 Registered at Police Station R. S. Pura, Jammu, under sections 447/451 of Ranbir Penal Code (for short, RPC), on the grounds taken in it.

(2.) It appears that respondent no.6, Sukhdev Singh, on 28.07.2012 filed a written complaint before the Incharge, Police Station R. S. Pura, alleging therein that petitioners-accused, namely, Sunita Kapoor wife of Narinder Kapoor and Bharat Bhushan son of Narinder Kapoor, after breaking the locks of the shops have forcefully and illegally occupied possession of the same. As per the allegations made in the complaint, complainant, respondent no.6 herein, requested the petitioners-accused to vacate the premises but, instead of adhering to his request, both of them attacked him. Accordingly, FIR was lodged at Police Station R. S. Pura, which set the police agency in motion.

(3.) Petitioners, while seeking quashing of the FIR, have averred in the petition that the matter is of civil in nature and lodging of FIR is just to harass them and deprive them of their legitimate rights.