JUDGMENT

Sanjay Kumar Gupta, J.—Through the medium of instant petition filed under Section 561-A Cr.P.C., petitioner seeks quashing of FIR No.112/2017 dated 16.05.2015 under Section 452, 323, 336 RPC registered in Police Station Bahu Fort at the instance of respondent No.4 against the petitioner.

2. It is stated in the petition that the petitioner, who is serving in CRPF, is the owner in possession of a residential house over a plot of land measuring 10 Marlas falling under Khasra No. 357 min situated at Aklyarabad, Sunjawan, Bathindi, Jammu, where the petitioner is residing alongwith his wife and children. The respondent No. 4, namely, Ghulam Rasool, who is the Numberdar of the locality is also residing nearby the house of the petitioner and is under the habit of encroaching the land of the innocent persons of the locality by threatening them. The respondent No. 1 caused obstruction in the use of the lind Road (Lane) adjacent to the house of the petitioner and other locals of the area and the lane is not the personal lane of any person of the locality and the respondent No. 4 installed gate in the said lane and on this, the petitioner and his wife filed a suit for mandatory injunction before the Court of learned Special Sub Judge (13th Finance) for directing the respondent No. 4 to demolish the iron gate installed in Khasra No. 357 min and the Court vide its order dated 20th February, 2017 has directed the parties to maintain status-quo on spot.

3. It is also stated in the petitioner that respondent No. 4 in order to harass the petitioner lodged a false and frivolous complaint before the respondent No. 2, namely, SHO, Police Station, Bahu Fort, Jammu and on the basis of the false and frivolous complaint, FIR No. 112/2017 (Annexure-B) came to be registered by the respondent No. 2 against the petitioner u/s 323, 336 and 452 RPC. The petitioner seeks quashment of the same inter alia on the grounds, which read as under:-

(a) The respondent No. 4 in order to harass the petitioner in view of the filing of the civil suit by the petitioner against the respondent No. 4 lodged the false and frivolous complaint against him.

(b) The FIR does not disclose the date and time of the occurrence, which also clearly amplifies that the FIR is the off shoot of the false and the frivolous complaint lodged by the respondent No. 4.

(c) The impugned FIR is against the true facts of the case and the respondent No. 2 is harassing the petitioner and is bent upon to arrest him in the false and frivolous case.

(d) The respondent No. 4 in order to satisfy his personal grudge has lodged the false and frivolous FIR against the petitioner herein.

(e) The petitioner has not committed any act, which is punishable under law and no identical petition has been filed by him in any other Court of law.

4. Respondent Nos.1 to 3 have not filed the objections.

5. Respondent No.4 has filed objections stating therein that the facts are not correctly stated by the petitioner, hence vehemently denied. It is submitted that perusal of sale agreement attached with the suit titled, “Manzoor Hussain Shah Vs. Gh. Rasool and others” pending in the court of learned Sub-Judge Special Mobile Magistrate, Jammu wherein, on 20th February, 2017, the learned trial Court has directed the parties to maintain status-quo on spot as it exists today, on which the petitioner is relying upon, the Khasra number of the land has been shown as 353 min measuring 06 ½ marlas situated at village Mominabad Sunjwan adjacent to Irfan Masjid, Tehsil and District, Jammu. In the petition, the petitioner has mentioned Khasra number of the land as 357 measuring 10 marlas situated at Aklyarabad, Sunjwan Bathindi. It is further submitted that Khasra No. 357, as alleged in the petition is not situated adjacent to the land/residential house possessed by the answering respondent No. 4 in Khasra No. 2279 of village Sunjwan. It is submitted that respondent No. 4 is residing at Mohalla Khairabad of village Sunjwan and