AFZAL KHAN Vs. NAZIR AHMAD MIR

JUDGEMENT

(1.) Petitioners seek quashment of the proceedings initiated under Cr. P. C and the consequent orders passed by the Court of Judicial Magistrate 1st Class(Additional Munsiff) and the Court of Chief Judicial Magistrate, Srinagar.

(2.) Petitioner No.1 claims to be the owner of land measuring 11 marlas and 239 Sq.fts covered by Survey No.405 along with structure(shed) existing thereon situated at Rampora Chattabal. Petitioner No.2 claimed to have entered into an agreement for purchase of the said property whereas respondent No.1 also claimed to have entered into an agreement with the petitioner No.1 for purchase of same property and claims to have paid substantial consideration amount.

(3.) A dispute arose, as a result of which Police Post, Bagiyas, submitted a report for action under Section 145 Cr. P. C to the Court of Judicial Magistrate 1st Class(1st Additional Munsiff), Srinagar, mentioning therein imminent breach of peace in view of respective grievances of the petitioners, respondents No.1 and 3.