In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-4318 of 2010 ..... Date of decision:26.2.2010 Jagsir Singh .....Petitioner v. State of Haryana and others .....Respondents .... Present: Mr. S.S. Sidhu, Advocate for the petitioners. Mr. K.C. Gupta, Senior Deputy Advocate General, Haryana for the respondents No.1 to 3. ..... S.S. Saron, J. This petition has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C.' - for short) praying for issuing directions to the respondents to safeguard the life and liberty of the petitioner and directions be issued to SHO, Police Station Rori, District Sirsa (respondent No.3) for not harassing and humiliating the petitioner and his family members by calling him in the police station without any sufficient reason and without following the mandatory provisions. The case of the petitioner is that his brother Mahinder Singh has been implicated by his wife in a matrimonial dispute vide FIR No.102 dated 28.8.2002 registered at Police Station Boha, District Mansa. Litigation between Mahinder Singh and his wife, namely, Harjot Kaur is going on since 2002. The said Harjot Kaur, according to the petitioner, in connivance with Gurdeep Singh, Jagdev Singh and Sukhdev Singh have also got FIR No.116 dated 19.11.2008 registered at Police Station Boha for the offences under Sections 363, 366-A, 494 and 120-B IPC. In the FIR Cr. Misc. No.M-4318 of 2010 [2] against Mahinder Singh and his sister Charanjit Kaur wife of Balkar Singh and Balkar Singh son of Sarup Singh brother-in-law of Mahinder Singh it is alleged that Beant Kaur daughter of Gurdeep Singh was kidnapped in the month of July 2008. Beant Kaur, in fact, was a major and her date of birth is 1.12.1984. She left her parental house of her own free will as Gurdeep Singh her father wanted to forcibly marry her. The said Beant Kaur was living on her own after leaving her parental house. It is alleged that an attempt was made to kidnap her by Gurdeep Singh her father, Jagdev Singh and Sukhdev Singh on 7.12.2008. The petitioner and his brother Mahinder Singh saved her from the said persons from being forcibly kidnapped. In this regard, Beant Kaur had submitted a complaint on 8.12.2008 (Annexure- P.1) alleging commission of offences under Sections 323, 506, 341 and 355 Indian Penal Code. The said Beant Kaur also moved this Court by filing a petition for directing respondents to save her life and liberty from aforesaid Gurdeep Singh, Jagdev Singh and Sukhdev Singh. It is alleged that, in fact, Harjot Kaur (respondent No.4), who is the wife of Mahinder Singh-brother of the petitioner is harassing the petitioner to pay the maintenance amount which is payable to her by Mahinder Singh. Learned counsel for the petitioner has submitted that in fact Harjot Kaur (respondent No.4) is pressurizing the petitioner to pay the maintenance amount which is payable by Mahinder Singh, the brother of the petitioner to Harjot Kaur and to leave the land which is on lease with the petitioner. Learned counsel for the petitioner submits that the petitioner should not be disturbed from the land till April 2010. Copy of the petition was given to the learned State counsel to Cr. Misc. No.M-4318 of 2010 [3] seek instructions. Reply of Shri Sajjan Singh, Additional Superintendent of Police, Sirsa on behalf of respondents No.1 to 3 has been filed. It is stated that the petitioner is real brother of Mahinder Singh who was married with Harjot Kaur (respondent No.4) about 13-14 years ago. After marriage they lived at Village Jhorarohi and they have one issue. After 3-4 years of the marriage Mahinder Singh and Harjot Kaur started living at Village Andianwali (Punjab) where Mahinder Singh was practicing as a private doctor. During this stay at Village Andianwali in the month of July 2008 Mahinder Singh got involved with one Beant Kaur, daughter of Gurdeep Singh of the said village. Ultimately, they left Village Andianwali in order to marry. Since then said Mahinder Singh is living separately along with said Beant Kaur at some unknown place as married couple. Thereafter, respondent No.4-Harjot Kaur had no option but to leave Village Andianwali and she shifted to her original matrimonial home at Village Jhorarohi where there is agricultural land in the name of her husband Mahinder Singh. It is stated that a litigation is pending between Harjot Kaur (respondent No.4) and her husband Mahinder Singh. The present petitioner and other in-laws' family are pressurizing respondent No.4 to leave her matrimonial home but she is not agreeable for the same. Even a written complaint was moved to Superintendent of Police, Sirsa (respondent No.2) on 16.6.2009 for taking action against Mahinder Singh and Jagsir Singh (petitioner) sons of Karam Singh, Charan Kaur and Rani, daughters of Karam Singh alleging that Mahinder Singh had given a beating to respondent No.4. On verification as well as investigation, it came to light that dispute between the parties was regarding agricultural land belonging to the share of the husband of Harjot Cr. Misc. No.M-4318 of 2010 [4] Kaur (respondent No.4). Litigation in this regard was also pending in the Court of Additional Civil Judge, Sirsa. On account of apprehension of disturbance of peace between the parties the Police of Police Station Rori has challaned the petitioner and he was produced before the Executive Magistrate on 7.12.2009 in proceedings under Sections 107 and 151 Cr.P.C. It is submitted that the present petition has been filed seeking relief of issuing directions to respondent No.3 not to harass and humiliate the petitioner and his family members. It is submitted that the petitioner has ill- intention to usurp the land belonging to his brother Mahinder Singh and he wants to push out Harjot Kaur from her matrimonial home by hook or crook. Therefore, it is submitted that the present petition is liable to be dismissed. After giving my thoughtful consideration to the matter, it may be noticed that the primary dispute is between Mahinder Singh and his wife Harjot Kaur (respondent No.4). In fact, there is a civil litigation in respect of matrimonial dispute in which in respect of the property in Village Jhorarohi a case is pending in the Court of Additional Civil Judge, Sirsa. Therefore, this Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C is not to embark upon an inquiry and conduct a parallel proceeding in respect of a civil suit which is pending. The petitioner may avail other remedies in accordance with law. However, no ground is made out for issuing any direction in the exercise of inherent jurisdiction. The criminal miscellaneous petition is devoid of merit and is accordingly dismissed. February 26, 2010. (S.S. Saron) *hsp* Judge