RAJINDER SINGH JAMWAL AND ANR. Vs. KANTA DEVI

JUDGEMENT

(1.) Through the medium of instant petition filed under Section 561-A Cr.P.C., petitioners seek setting aside of order dated 02.06.2014 passed by the learned trial Court whereby the application filed by the petitioners for dropping of proceedings, dismissal of complaint and their discharge, came to be dismissed.

(2.) The main facts emanating from the case set up by the petitioners are that the complainant-respondent herein, wife of a retired Senior Superintendent of Police, has been harassing the petitioners for the last several years by filing civil and criminal cases repeatedly for one alleged cause of action, either deliberately or because of some misconception about the location of her plot of land which perhaps has been grabbed by some land grabbers. It is contended that a civil suit was filed against petitioner No.1 pertaining to her alleged plot of land which perhaps measuring 1 Kanal comprising Khasra No.12 Greater Kailash, Jammu on 12.03.2017, which suit is pending before the learned District Judge, Jammu. The complainant-respondent has also filed a FIR No.16/2007 before Police Station Gangyal, Jammu pertaining to same plot and after investigation in the matter, police concerned found that petitioner No.2 is the owner of said plot of land falling in Khasra No.11, Greater Kailash, Jammu which she had purchased vide sale deed dated 01.06.1996 and it was a different piece of land which was claimed by the respondent as her plot. It is also contended that on the basis of official record and statement of witnesses, the case was closed as not proved, closure report in this regard was also presented by the police concerned. The respondent had never challenged the closure report filed by the police. Thereafter, on the same cause of action, respondent filed a complaint before Crime Branch Jammu which was also investigated and closed as not proved and respondent had also not challenge it. This fact has been admitted by the respondent in the complaint filed by her which is pending before the Court of learned Additional Judicial Magistrate, (Forest Magistrate), Jammu. It is also contended that on the same facts, respondent again filed a complaint and sought direction under Section 156(3) Cr.P.C , 1973to register case under Section 447 against the petitioners and after reinvestigation, no FIR was registered, thereafter respondent filed a contempt petition and concerned police filed a status report contending therein that petitioner No.2 is the owner of land measuring 2 Kanals falling under Khasra No.11 which plot is different and respondent's plot falls under Khasra No.12. It is further contended that on cognizance taken by the Court issued process against the petitioners and are being prosecuted when there is no offence and fault of theirs. It is also contended that issuance of process is an abuse of the process of law and the case needs to be dismissed. Petitioners have also moved application for their discharge but the same has been dismissed vide order dated 02.06.2014. It is petitioners are being unnecessarily harassed and being forced to face trial for an alleged offence which was never committed by them and their rights are being violated, therefore, petitioners seek quashment of criminal proceedings pending against them in Criminal Complaint titled "Kanta Devi v. Rajinder Singh ", pending before the Court of learned Additional Munsiff (Forest Magistrate), Jammu.

(3.) I have heard learned counsel for the parties and have perused the record also.