ARVIND KUMAR Vs. STATE & ANR

JUDGEMENT

(1.) This petition under section 561-A Cr.P.C. seeks quashing of FIR No. 382/2014 of Police Station, Kathua registered against the petitioner on 02.11.2014 under sections 447 & 427 RPC on a report lodged by one, Romesh Chander Anand, (hereinafter to be referred as the informant).

(2.) It is alleged by the informant in the report lodged by him, which has been similarly incorporated in the impugned FIR, that his father, Babu Ram and one, Khajan Singh purchased one kanal of land comprised in survey No. 330 min situate at 'Taraf Tajwal', Tehsil, Kathua in equal shares by virtue of Sale Deed registered on 24.01.1968. The description and dimensions of the said land was shown in the 'Titma Shajra' as Plot No. 1 and mutation was attested in favour of the vendees and reflected in the khasra entries. The father of the informant remained in continuous possession of the land purchased by him in his life time and after his death, informant stepped into his shoes as his legal heir and is in possession thereof. Informant alleged that on 110.2014, he received information at his residence at Jammu that the accused, herein petitioner, has trespassed upon his land by making entry by dismantling the brick wall of the land and has engaged labour for digging and filling plinth in his land. He reached Kathua and found that the accused has trespassed upon the land by breaking the wall causing loss of 5000 rupees to him. On this report, impugned FIR was registered.

(3.) Case set up by the petitioner in seeking quashing of the impugned FIR is that his father had purchased 3 kanals of land comprised in Khasra No. 2301 prior to the year 1970. He constructed residential house on the said land and shifted there along with family including the petitioner on 05.02.1975. Since then the petitioner and his family is residing in the said house and, besides the 3 kanals of land purchased by the petitioner's father, they also came in possession of the adjoining land measuring 3 kanals, which falls at the back of the house of the petitioner towards south between the house and the rear wall of irrigation complex.