CRM No. M-1354 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-1354 of 2009 Date of decision: 16.01.2009 Gian Kaur and another ...Petitioners Versus State of Punjab & others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present:- Mr. M.S. Kang, Advocate, for the petitioners. Rajan Gupta, J. This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No.372 dated 30th December, 2006, registered at Police Station Sadar, Hoshiarpur, under Sections 447, 427 & 506 IPC. The counsel for the petitioners has referred to the history of civil litigation which has led to the present dispute. According to the counsel, late husband of petitioner No.1 was in possession of 17 Kanals 09 Marlas of land, situated in village Bassi Gulam Hussain, Tehsil and District Hoshiarpur as tenant under previous owner namely, Joga Singh. After death of Parduman Singh, the tenancy was inherited by his wife i.e. petitioner No.1 herein along with her five sons. A petition for eviction of petitioner No.1 and one of her sons was preferred by Joga Singh under Punjab Security of Land Tenures Act, 1953 before the Assistant Collector 1st Grade, Hoshiarpur. The said application was allowed vide order dated 21.11.1975 and eviction of the petitioner No.1 CRM No. M-1354 of 2009 2 and her son from the land in question was ordered. However, it was directed that the petitioners would not be dispossessed from the suit land unless they were accommodated on surplus area by the State Government. The counsel for the petitioners has referred to Annexure P-1 in this regard. He has further submitted that after almost 23 years, Joga Singh sold the land in dispute to the complainants vide sale deed dated 8.1.1999 whereafter they stepped into the shoes of Joga Singh. The said purchasers filed an eviction suit against another son of petitioner No.1, namely, Balbir Singh and obtained an eviction order without disclosing to the court the direction given in order Annexure P- 1. When the petitioners came to know about the said order, they filed a suit for permanent injunction wherein status quo was granted on 21.7.2004. However, ultimately, the suit failed and was dismissed on 14.12.2005. The appeal was, however, accepted vide order dated 8.3.2007, Annexure P-3. During the pendency of the civil appeal, an application was submitted by respondent No.2 to Senior Superintendent of Police, Hoshiarpur for taking action against the petitioners as according to them their wheat crop had been harvested by them illegally. The counsel further submits that no action was taken by SHO, Police Station Sadar, Hoshiarpur on the complaint but subsequently, the instant FIR was registered against the petitioners. According to the counsel, there is a delay of almost eight months in registration of the FIR. He has raised number of other factual pleas in respect of the civil dispute. After hearing the counsel at sufficient length, I am of the CRM No. M-1354 of 2009 3 considered view that this is not a fit case for interference in inherent jurisdiction of this court under Section 482 Cr.P.C. All the pleas raised by the petitioners are factual in nature and can be decided only after the evidence is led before the trial court. At this stage, it is not possible for this court to reach a conclusion that allegations against the petitioners are false or that the FIR is without any basis. In my considered view, this cannot be done merely on the basis of averments made in this petition under Section 482 Cr.P.C. No other argument has been addressed. Without expressing any opinion on merits of the case, this petition is dismissed being devoid of merit. (RAJAN GUPTA) JUDGE January 16, 2009 'rajpal'