CRM NO. M-26054 OF 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM NO. M-26054 OF 2011(O&M) DECIDED ON : 18.10.2011 Harjit Singh and others ...Petitioners versus State of Punjab and another ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Anil Chawla, Advocate, for the petitioners. K. C. PURI, J. (ORAL) This is a petition under Section 482 Cr.P.C for quashing FIR No. 22 dated 05.04.2011 under Sections 509/34 IPC registered at Police Station Harike, District Tarn Taran and all subsequent proceedings. The accused Harjit Singh, Bachittar Singh, Jaswant Singh and Pargat Singh have sought quashing of the above said FIR. It is pleaded that the petitioners have been falsely implicated in the present FIR. Civil dispute has been given the colour of FIR. Santokh Singh, father of petitioners No.1 to 3, being the owner of land measuring 57 kanals 4 marlas out of the total land measuring 120 kanals 11 marlas, filed the suit for issuance of decree of permanent injunction to the effect that the CRM NO. M-26054 OF 2011(O&M) -2- complainant and other defendants be restrained from raising any illegal construction over the said land, forcibly and illegally otherwise than in due course of law and without getting the land partitioned. In that suit, the complainant was defendant No.1. The defendant/respondent No.2 alleged themselves to be the owner of share i.e 48 kanals out of total land purchased vide sale deed dated 13.11.2009 and further claims the possession. Injunction has been granted in that suit from raising construction. The Appellate Court remitted the matter to the trial Court for fresh decision by appointment of Local Commissioner. Santokh Singh filed civil revision petition No. 3795 of 2011 titled as, “Santokh Singh vs. Diocesan of Jalandhar” which was dismissed vide order dated 02.06.2011. Since complainant/ respondent No.2 started interfering in the possession of the petitioners, father of the petitioner, has filed suit for partition which is pending. It is further submitted that as per version of the complainant/respondent No.2, he was falsely implicated by the lady sweeper of the Sacred Heart Convent School, namely Jagiro who told that she was standing outside the School, then Harjit Singh s/o Santokh Singh, Pargat Singh s/o Jagir Singh, Jaswant Singh s/o Santokh Singh urinated with their naked private parts facing towards her and insulted her. The said allegations are wrong and they have been implicated simply due to pendnecy of the civil litigation. No offence under Section 509/34 IPC has been CRM NO. M-26054 OF 2011(O&M) -3- made out. Continuance of the present proceedings is the abuse of process of the Court. CRM No. 56006 of 2011 was preferred to place on record the challan under Section 173 Cr.P.C. The same stands allowed and the challan is taken on record. The proceedings under Section 482 Cr.P.C can be invoked only if the FIR does not disclose the commission of any offence. The allegations made in the FIR are that there are five lady teachers in the School and a lady sweeper. It is further alleged in the FIR that on many occasions lady teachers have also complained that the present petitioners with intention to insult them, started urinating towards the gate of the School with their private naked parts facing towards them. So, in these circumstances, it cannot be said that the present FIR has been registered only due to pendency of civil suit. In view of all the above discussions, no ground for invoking provisions of Section 482 Cr.PC is made out. Consequently, the present petition is without any merit and the same stands dismissed. However, it is made clear that any observation made herein above, shall not effect the merits of the civil case. OCTOBER 18, 2011 (K. C. PURI) shalini JUDGE