MANSA RAM AND OTHERS Vs. STATE AND ANR.

JUDGEMENT

(1.) Through the medium of instant petition under Section 561-A Cr.P.C. preferred by the petitioners seek quashing of FIR No.32/2013 dated 08.08.2013 for offences under Sections 323/452/147/506 RPC registered in Police Station Pouni, District Reasi.

(2.) In the petition, it has been stated that the petitioner No.1 is the owner in possession of land measuring 02 kanals and 12 marlas falling in Khasra No.04 situated in village Majra Kund, Tehsil& District Reasi. Petitioner Nos.2& 4 are the sons of petitioner No.1 and petitioner Nos.3& 5 are the wives of petitioner Nos.2& 4 respectively.

(3.) It is averred that in the year 2013 one Romesh Chander, who is the son of the brother of petitioner No.1, started making illegal attempts to grab and encroach upon the land of petitioner No.1 measuring 02 kanals and 12 marlas falling in Khasra No.04 and started to disturb the peaceful possession of petitioner No.1. It is stated that said Romesh Chander has absolutely no right in the said land. That on 05.04.2013, in order to restrain Romesh Chander, petitioner No.1 had filed a civil suit titled Mansa Ram v. Romesh Chander for permanent prohibitory injunction, which is sub-judice before the Court of learned Sub Judge. That on 06.04.2013, learned Sub Judge passed an order of maintaining status quo with regard to the suit property and the said order is still in force till date. Despite order 06.04.2013, said Romesh Chander continued to interfere with the possession of the petitioner No.1 over the suit property, which compelled the petitioner No.1 to file an application for implementation of the order of status quo through SHO Police Station Pouni and the learned Sub Judge Reasi vide order dated 02.05.2013 directed the concerned police to ensure the compliance of the order dated 06.04.2013. That even after order dated 02.05.2013 passed by the learned Sub Judge, said Romesh Kumar did not stop in his pursuit of illegal encroachment in respect of the suit property and constructed a shed on the said suit property when none of the family members of petitioner No.1 was at home. This compelled petitioner No.1 to file an application for initiating contempt proceedings against the said Romesh Chander on 01.07.2013, which is still pending disposal before the Court of Sub Judge, Reasi.