THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION NO.7930 OF 2008 ORDER: This is a petition filed under Section 482 Criminal Procedure Code (for short Cr.P.C.) for quashing the proceedings in M.C.No.20 of 2008 on the file of the Mandal Executive Magistrate and Tahsildar, Sanjamala, Kurnool District. The petitioner herein is the “B” party in the above said M.C. and respondent No.2 herein is the “A” party in the above said M.C. As per the order dated 23.10.2008 in the said M.C.No.20 of 2008 the Mandal Executive Magistrate and Tahsildar, Sanjamala, Kurnool Distirct has issued a notice under Section 145 Cr.P.C. calling upon the respondents i.e. “A” and “B” parties to file a written statement of their respective claims and produce any evidence available with them before him on 25.11.2008 at 3.00 P.M. The petitioner’s counsel has pleaded that the Mandal Executive Magistrate has no power to initiate proceedings under Section 145 Cr.P.C. as the dispute between the parties is a civil dispute. According to the petitioner, himself and his brother are the absolute owners of the land in Survey No.465 to an extent of Ac.1.49 cents, in Survey.No.413/2 to an extent of Ac.0.60 cents and in Survey No.506/5 to an extent of Ac.0.68 cents of Kanala village and when the respondent No.2 herein started interfering with the possession over the said property, they filed a suit in O.S.No.105 of 2007 on the file of Junior Civil Judge, Koilakuntal and obtained interim injunction in I.A.No.348 of 2007 on 26.07.07, as such the dispute between the parties is a civil dispute in nature. The respondent No.2’s counsel, on the other hand, has pleaded that the respondent No.2 is also having a share in the said property and she has filed a D.V.C.No.2 of 2007 against her father-in-law, mother-in-law and others as she was necked out of her house and obtained a direction to allow her to reside in the house and enjoy the share of her husband in the said lands. The learned Magistrate has passed an Order on 17.02.2008 prohibiting the respondents therein from committing any act of domestic violence and from dispossessing her from the possession of the agricultural lands of her deceased husband. The Mandal Executive Magistrate, Sanjamala has initiated proceedings under Section 145 Cr.P.C. basing on the information furnished by the Assistant Sub-Inspector of Police, Sanjamala. The Assistant Sub-Inspector has requested the Mandal Executive Magistrate to restrain the respondents from entering into the land in Survey No.465 to an extent of 1.49 acres, Survey No.413/2 to an extent of 0.60 acres and in Survey No.506/5 to an extent of 0.68 acres within the limits of Kanala village. The learned Mandal Executive Magistrate, Sanjamala by perusing the records submitted by the Assistant Sub-Inspector of police, Sanjamala Police Station has observed that the present petitioner has got an injunction Order from the Judicial Magistrate of First Class, Koilakuntla in O.S.No.105 of 2007 for the above said lands and respondent No.2 herein also got an injunction Order for the same lands in D.V.C.No.2 of 2007 and the complainant has stated that on 22.10.2008 morning the respondent No.2 herein with the help of Tractor driver Khaleel entered into the above lands to attend agricultural works and that both the petitioner and respondent quarreled and approached the police. Basing on the report of both respondents, a case was registered in Crime No.143 of 2008 under Section 145 Cr.P.C. and investigation was taken up. Basing on the said report of the Assistant Sub-Inspector, the learned Mandal Executive Magistrate has held that a dispute likely to induce a breach of peace between the respondents concerning the title and possession of the above said lands situated within his jurisdiction and directed both the parties to appear before him on 25.11.2008 at 3.00 p.m and file the written statement and produce necessary evidence. From the above said Order of the Mandal Executive Magistrate, it is evident that he is aware of the obtaining of the injunction Order by the petitioner herein and also respondent No.2 herein in respect of the same lands. The petitioner herein has obtained the injunction Order against the respondent No.2 herein on 26.07.2007, whereas the respondent No.2 herein has obtained injunction Order on 17.02.2008 against her father-in- law, mother-in-law, sister-in-law and another restraining them from dispossessing her from the possession of the agricultural lands of her deceased husband. Therefore, the fact, who is in possession of the disputed property, has to be decided in the Civil Suit filed by the petitioner herein. The Mandal Executive Magistrate, even though aware of the initiation of Civil proceedings in respect of the same land by the petitioner herein against the respondent No.2 herein, he ought not to have been initiated proceedings under Section 145 Cr.P.C. as the issue is sub judice before the Civil Court. Therefore, in the above circumstances the continuation of the above said proceedings would amounts to abuse of process of law. Hence, the petitioner is entitled for quashing of the proceedings as prayed for. In the result, the Criminal Petition is allowed and the proceedings against the present petitioner in M.C.No.20 of 2008 on the file of the Mandal Executive Magistrate and Tahsildar, Sanjamala, Kurnool District are hereby quashed. _______________________ P.DURGA PRASAD, J 15th April, 2011 KSP