PREM SINGH Vs. UT OF J&K

JUDGEMENT

(1.) Petitioners, through the medium of this petition under Sec. 482 CrPC seek quashment of FIR No.135/2021 for the commission of offences punishable U/Ss 447/379/147 IPC registered with P/S Katra against the petitioners, by exercising inherent powers, asserting therein that the petitioner No.1 is owner in possession of land measuring 2 kanal 10 marlas falling under Khasra No.441 situate at Village Parthal, Tehsil Katra, District Reasi whereas respondent No.2 Swarn Singh is the owner of land falling under the same Khasra number measuring 6 kanals which was sold out to him through sale deed by petitioner no.1.

(2.) It has been alleged that respondent no.2 started interfering in the land of the petitioner no.1 measuring 2 kanal 10 marlas on the ground that the said land is in his ownership, as petitioner no.1 had filed civil suit against him before the court of learned Sub Judge Katra and that the court had directed for maintenance of status quo on spot vide order dtd. 24/11/2020; that despite having knowledge and about passing of the order of status quo by the civil court, the respondent No.2 started raising construction in the petitioners' land, as such, an application dtd. 24/11/2020 was filed seeking implementation of the order through respondent No.1 SHO P/S Katra who had been directed by the court concerned to implement the order in letter and spirit and report compliance; that the respondent No. 2 was stopped from raising construction upon the land of the petitioner No.1.

(3.) It is claimed that respondent no. 2 also filed a separate suit on 14/5/2021 before the court of learned Munsiff Katra by claiming that petitioner No.1 was interfering into his possession over the land measuring 6 kanals falling under Khasra No.441 and the learned Munsiff Katra vide interim order dtd. 14/5/2021 directed the parties to maintain status quo on spot. It was further alleged that the respondent No.2 having knowledge of the passing of the status quo order entered into the land of the petitioner No.1 on 11/7/2021 along with JCB machine and started digging the same, as such, petitioner No.1 filed a complaint against respondent No.2 and his family members at the local police station. However, no action was taken and a complaint was filed before Additional SP, Katra.