Criminal proceedings quashed under S.482 Cr.P.C. when civil land partition/ownership dispute falsely portrayed as trespass, mischief, cheating; unrecorded family agreement ineffective against revenue records, police cancellation report.

JUDGMENT :
Virender Singh, Judge

Petitioners have filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’), for quashing the proceedings in case No. “UTR-CR/7021/2018”, titled as, 2025:HHC:41446 ‘ Smt. Bimla versus State of H.P. ’, initiated, at the instance of respondent No. 2, who has filed application, under Section 156 (3) of Cr. P.C.

2. By way of present petition, following substantive reliefs, have been sought:

i) The present petition filed under Section 482 of the Code of Criminal Procedure read with Article 227 of the constitution of India may kindly be allowed and the proceedings initiated by the respondent no. 2 against the two cancellation reports i.e. against the "UTR-CR/7021/2018 titled as Bimla Kaul Vs. State of H.P.", by way of proceedings under Section 156(3) and order dated 25.11.2022 may kindly be quashed and set aside, in the interest of law and justice.

ii) That the respondent no. 2 may be held guilty for filing false affidavit and for suppression the material facts about filing of the Civil Suit no. 238/2014 titled as Narinder Kumar Vs Ved Prakash and others with the same set of facts, whereby declaration has been against the sale deed dated 20.09.2014(Annexure P-7) and also for possession Khasra No. 513 (Annexure P-6), now owned and possessed by the petitioner no. 1.

iii) That the Ld. Trial Court may be restrained to continue with the proceedings in UTR CR/7021/2018 titled as Bimla Kaul Vs. State of H.P. till the decision of civil suit no. 238/2014 titled as Narinder Kumar Vs. Ved Prakash and others, which is fixed for defendants evidence on 18.02.2023, in the interest of justice.

iv) That the Ld. Trial Court may be restrained to continue with the proceedings in UTR-CR/7021/2018 titled as "Bimla Kaul Vs. State of H.P." till the conclusion of trial going on before Ld. Judicial Magistrate First class Nurpur in FIR 166/2015 registered under Sections 447, 427, 504, 506, 188, 34 IPC against the respondent No. 2, Sh. Narinder Kumar (husband) and Sh. Navdeep Kaul(Son) who are witnesses in complaint u/s 156(3) Cr.P.C., (who have neither been got examined by complainant / respondent No.2 nor called by the court), till the pendency of this petition.

v) That the complete record of the case No. UTR CR/7021/2018 titled as "Bimla Kaul Vs State of H.P. may called for kind perusal in view of the contents as explained in separate application filed with this petition.”

3. The aforesaid relief has been sought on the ground that the petitioners and respondent No.2 are residents of same village and neighbors to each other. The husband of respondent No.2, alongwith one another co- sharer, filed an application on 28.7.2003, for partition of land, bearing khata No. 6, khatauni No. 9, Khasra Nos. 518, 519, 521, 522, 524, 525, 529, 532 and 1142, situated at village Gayora, Mauza Chhatroli, Tehsil Nurpur, District Kangra, H.P. In the application, it has been mentioned that Abadi area be allotted according to share, because value of abadi area is more valuable. The said ap