THE HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.7068 of 2007 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C to quash the crime registered against the petitioner for the offence punishable under Sections 427 and 440 I.P.C in F.I.R.No.495 of 2007 pending on the file of Mancherial Police Station, Adilabad District. The petitioner, who is arrayed as accused in the said crime, filed O.S.No.33 of 2003 in the Court of the Senior Civil Judge, Asifabad for declaration of title and perpetual injunction, and obtained ad-interim injunction restraining respondents 1 and 2 therein from entering and interfering, either by alienating or otherwise with peaceful possession and enjoyment of the petitioner over the suit schedule house bearing No.8-479 situated at Mancherial till 13.10.2003, in I.A.No.173 of 2003 dated 18.09.2003. The said injunction order is being extended from time to time. While so, the second respondent/de facto complainant filed the complaint alleging that he purchased the suit schedule house from the defendants in the said suit under an agreement of sale-cum-General Power of Attorney vide document No.5061/07, dated 01.06.2007, registered at Sub Registrar Office, Mancherial and that the petitioner along with her husband and some unsocial elements criminally trespassed into his house by break opening the lock on the date of the complaint i.e., on 30.09.2007 at 5.30 p.m. Based on the said complaint, the police registered the crime for the offences aforementioned. Heard the learned counsel for the petitioner and the learned Public Prosecutor. In spite of service of notice, none appears for the second respondent. It is well settled that the power of quashing a criminal proceeding, namely, F.I.R or complaint should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the Court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the F.I.R. or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the Court to act according to its whim or caprice (see State of Haryana v. Bhajan Lal[1]). When the powers should be exercised by the High Court under Section 482 Cr.P.C., are enumerated in the categories in the above said judgment. Category No.7 enumerates that when a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, the power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice. In the instant case, when the complainant is claiming his right through the defendants in the said suit, against whom injunction is already subsisting, the petitioner criminally trespassing into the property to safeguard his possession does not arise. In view of the same, continuation of proceedings against the petitioner is nothing but abuse of process of law and the same are accordingly quashed. In the result, the Criminal Petition is allowed. __________________ A. GOPAL REDDY, J Date: 12.08.2010 va [1] AIR 1992 SUPREME COURT 604