Criminal Misc.No.M-19930 of 2011(O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-19930 of 2011(O&M) Date of Decision: September 14, 2011 Nitish Kumar Dhawan ... Petitioner Versus State of Haryana and others ... Respondents CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Nitin Kumar Dhawan – petitioner with his counsel Mr.Nand Lal Sammi Advocate. Mr.Satyavir Singh Yadav, Dy. Adv. General, Haryana for respondent – State. Mr.Athar Ahmad, Advocate for respondent No.2. Mahavir Singh – respondent No.3 in person. (Identified by counsel for the petitioner) NAWAB SINGH J.(ORAL) By this petition under Section 482 of Code of Criminal Procedure, the petitioner seeks quashing of First Information Report (for short 'FIR) No.120 dated March 23 rd, 2009, registered under Section 379 of the Indian Penal Code (for short 'IPC') at Police Station Rai, District Sonepat. The FIR was lodged on the written application (Annexure P1) of Yogesh Mehra, Senior Manager, Haryana State Industrial & Infrastructure Development Corporation Limited, Sonepat on the complaint filed by Mahavir Singh – respondent No.3. It was stated that Nitish Kumar Dhawan – petitioner was owner in possession of plot No.1792, Industrial Area, Rai. He had removed earth from the adjoining plot No.1544, owned by Mahavir Singh, which created a problem for Mahavir Singh. Mahavir Singh – respondent No.3 appeared in person Criminal Misc.No.M-19930 of 2011(O&M) [ 2 ] and has filed his affidavit (Annexure P2) averring that he has no grouse against the petitioner. Even otherwise, in the considered opinion of this Court, a perusal of the complaint filed by the Senior Manager, HSIDC, Sonepat (Annexure P1) reveals that if at all, the allegations levelled are taken to be true, even then the offence of theft, as mentioned in Section 378 IPC, is not made out. The complaint does not contain the necessary ingredients of such an offence, so as to prosecute the petitioner under Section 379 IPC. The registration of the FIR is nothing, but an abuse of the process of law. In view of above, the petition is accepted, FIR No.120 dated March 23 rd, 2009, registered under Section 379 of the Indian Penal Code (for short 'IPC') at Police Station Rai, District Sonepat and subsequent proceedings arising therefrom, are hereby quashed. September 14, 2011 ( NAWAB SINGH ) `gian' JUDGE