JUDGMENT

J.P. Singh, J.—Invoking jurisdiction under Section 561-A of the Code of Criminal Procedure, petitioner has filed this petition seeking quashing of FIR No. 183 of 2007 registered at Police Station Domana under Section 448 RPC.

2. It is stated in the petition that Will executed by Swarn Kumari Dutta, the mother of the petitioner, in favour of respondent No.2, Mrs. Aneta, her sister, was null and void and a civil suit seeking declaration that the Will was null and void and inoperative had been filed by her in the Court of learned Sub-Registrar (Munsiff) Jammu, who had directed the parties to maintain status quo with regard to the possession and position on spot over the suit property. The FIR is stated to have been lodged to use the police force for settlement of the civil dispute between the parties.

3. Petitioner’s counsel, Mr. Dubey, submits that the contents of the FIR do not spell out requisite ingredients needed for offence punishable under Section 448 RPC, and even if the allegations made in the FIR were to indicate about a trespass, it was a purely civil trespass, which could not have been taken cognizance of by the police. He further submits that as respondent No.