Crl. Misc.No.M 21502 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc.No.M 21502 of 2010 Date of Decision:-08.12.2010 Kanchan Kumar. ......Petitioner. Versus State of Punjab & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Kapil Aggarwal, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. *** JASWANT SINGH, J(ORAL) Prayer is under Section 482 Cr.PC for issuance of directions to the respondent no.2-SHO Police Station Zira to protect the life and property of the petitioner and his family members and further not to harass the petitioner at the instance of the respondents no.3 to 5 by calling the petitioner to the police Station except after serving a notice upon the petitioner under Section 160 Cr.PC. It is averred that the petitioner owns and runs a medical store in a shop and the adjoining shop was purchased by respondents no.3 to 5 wherein respondent no.3 Palvinder Jit Singh is running his clinic as a BAMS(Ayurvedic) doctor. It is further averred that the respondents no.3 to Crl. Misc.No.M 21502 of 2010 #2# 5 have demolished the said old shop and reconstructed the same in the manner that the entire rain water collects on the roof of the shop of the petitioner thus causing great hardship and harassment. Upon protest by the petitioner, they have threatened the petitioner with dire consequences. They are further alleged to have asked the petitioner on 12th of July, 2007 to vacate his shop and on refusal respondents no.3 to 5 are alleged to have lodged a false complaint to the police on 13th July 2007. It is alleged that the respondents no.3 to 5 are threatening the petitioner and the police also at their instance by calling the petitioner to the police station without their being any formal FIR registered. Upon notice reply of Sh. Balwinder Singh, DSP, on behalf of respondents no.1 & 2 has been filed. It has been stated that the medical store of the petitioner and clinic of respondent no.3 Palvinder Jit Singh is in adjoining shops. Respondent no.3 gave a complaint on 13.07.2007 against the petitioner at the police station Zira alleging that the petitioner had broken the common wall of the adjoining shops. Both the parties were called and on the intervention of the respectables a compromise was arrived at. It was decided that the petitioner shall repair the broken wall by 23rd of July, 2007. After that the nine inch thick wall will be common and the wall from the roadside will be measured and points shall be marked on half share belonging to each of them. Both the parties shall be entitled to rest their lenter and decorate the wall upto three storeys on their respective share on the wall. It is further stated that the petitioner has not completely repaired the common wall as agreed in the compromise. It is specifically denied that there is any harassment from the side of respondent no.2 to petitioner and who are willing to give protection to him at any time from the answering Crl. Misc.No.M 21502 of 2010 #3# respondent. Learned State Counsel in view of reply submits that the matter between the petitioner and respondent no.3 is purely of civil nature. He further submits that in view of specific plea that there is no harassment from the respondent to petitioner, the petition is liable to be dismissed. After hearing learned counsel for the parties it is apparent that dispute between the petitioner and respondent no.3 appears to be of a civil nature. It is further evident that the compromise was arrived at in the year 2007 and thereafter the present petition has been filed in 2010 with no specific instance of any harassment or any instance between the year 2007 to 2010. Even the version relating to 13.07.2007 alleged in the petition is found to be incorrect in view of the reply of the State. It is, therefore, evident that no grounds are shown to exist for the court to invoke the jurisdiction under section 482 Cr.PC. In the aforesaid circumstances no further orders are required to be passed in the instant petition. Dismissed. ( JASWANT SINGH ) JUDGE 08th December, 2010 Vinay