MANZOOR HUSSAIN SHAH Vs. STATE AND ORS.

JUDGEMENT

(1.) Through the medium of instant petition filed under Section 561-A Cr.P.C., petitioner seeks quashing of FIR No.112/2017 dated 16.05.2015 under Section 452, 323, 336 RPC registered in Police Station Bahu Fort at the instance of respondent No.4 against the petitioner.

(2.) It is stated in the petition that the petitioner, who is serving in CRPF, is the owner in possession of a residential house over a plot of land measuring 10 Marlas falling under Khasra No. 357 min situated at Aklyarabad, Sunjawan, Bathindi, Jammu, where the petitioner is residing alongwith his wife and children. The respondent No. 4, namely, Ghulam Rasool, who is the Numberdar of the locality is also residing nearby the house of the petitioner and is under the habit of encroaching the land of the innocent persons of the locality by threatening them. The respondent No. 1 caused obstruction in the use of the lind Road (Lane) adjacent to the house of the petitioner and other locals of the area and the lane is not the personal lane of any person of the locality and the respondent No. 4 installed gate in the said lane and on this, the petitioner and his wife filed a suit for mandatory injunction before the Court of learned Special Sub Judge (13th Finance) for directing the respondent No. 4 to demolish the iron gate installed in Khasra No. 357 min and the Court vide its order dated 20th February, 2017 has directed the parties to maintain status-quo on spot.

(3.) It is also stated in the petitioner that respondent No. 4 in order to harass the petitioner lodged a false and frivolous complaint before the respondent No. 2, namely, SHO, Police Station, Bahu Fort, Jammu and on the basis of the false and frivolous complaint, FIR No. 112/2017 (Annexure-B) came to be registered by the respondent No. 2 against the petitioner under section 323, 336 and 452 RPC. The petitioner seeks quashment of the same inter alia on the grounds, which read as under:-