KULDEEP RAJ AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) - Petitioners have filed the instant petition under Section 561-A of the Code of Criminal Procedure seeking quashment of FIR No. 175/2014 dated 12.09.2014 under Section 379, 411, 427, 454, 504, 506& 120-B RPC registered by respondent No.3 against the petitioners.

(2.) In the petition, it has been stated that petitioners have joint relief to be claimed, as such, petition being filed through petitioner No.1. It is submitted that petitioner No.2 is the wife of petitioner No.1, petitioner Nos. 3& 4 are sons of Kuldeep Raj but are wrongly mentioned as sons of some Chuni Lal in impugned FIR and petitioner No.5 is the brother-in-law of petitioner No.1. It is further submitted that petitioner No.1 has inherited land measuring 27 kanals 6 marlas in Khewat No. 50, Khata No. 301 and Khasra No. 1298 in Revenue Village Badran Kalan of Tehsil Akhnoor in addition to his sister. Succession certificate to that extent was issued in favour of the petitioner and his sister which eventually came to be relied upon for entering mutation Nos. 1172 and 1161 dated 26.05.2003. It is submitted that vide a mutation No. 937 dated 05.08.1995 father of respondent Nos. 4 to 6 was, with consent of deceased father of the petitioner No.1, entered during correction of revenue records. It is submitted that the petitioner appealed against this mutation and the appellate authority set aside the said mutation on 15.10.2004. Thereafter, the respondent Nos. 4 to 6 preferred review and appeal later on. It is further submitted that the appeal filed by the respondents was decided against the petitioner against which OWP No. 846/2015 titled 'Kuldeep Raj v. Settlement Officer& ors.' wherein this Hon'ble Court was on 25th June, 2015 pleased to grant status quo on the spot. It is submitted that during the subsistence of appeal, the respondents made efforts to get the petitioner implicated in false and frivolous criminal cases but their attempts did not yield any result till 12.09.2014 when the respondents obtained an order from the court of learned CJM, Jammu under section 156(3) Cr.P.C , 1973for registration of the FIR.

(3.) The petitioners seek to invoke inherent powers of this Hon'ble Court under Section 561-A Cr.P.C amongst other on the following grounds: