The power to quash an FIR can only be exercised to prevent abuse of process of law or to secure the ends of justice, and the prerogative to determine if an offence is made out lies with the trial court where the challan is pending.

1. Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek quashing of FIR No.40 of 2009 registered with police Station Gharota for commission of offences under Section 447/382/147/323 RPC as also consequential proceedings i.e. the final report/challan pending before the Court of learned Special Excise Magistrate (JMIC) Jammu in File No. 143 A/Challan titled State vs. Mandi and others.

2. In the petition, it has been stated that the forefathers of the petitioner No.1 were in physical possession of a big chunk of land falling in Khasra No.4286, 4287, 4288 and 4289 situated at village Bhalwal, Tehsil and District Jammu and after the death of his forefathers, the said land devolved upon the petitioner No.I and as on date the same is jointly possessed and cultivated by the petitioner No. 1 along with his sons i.e. petitioner Nos.2 and 3. The entries in respect of possession of the petitioners over the above said land have also been made by the revenue authorities in the revenue record pertaining to the said land. It is stated that on 31.07.2009, respondent No.3 along with three other persons namely, Sh. Nisar S/o Mohd. Shafi, Mohd. Khan alias Mand S/o Ibrahim and Rashid s/o Ghulam Nabi, all residents of Bhalwal, Tehsil and District Jammu acting on the instigation of one Mohd. Sadiq S/o Mohd. Khan R/o Village Bhalwal Dhar Dhalochan, Tehsil and District Jammu made an attempt to damage bajra crops standing on the land of the petitioner No.1. However, due to timely intervention of respectable persons of the locality, the crops of the petitioner No.1were saved. Later, however, on the same day respondent No.3 along with 03-04 police personnel of Police Station, Gharota in civil dress and above named Nisar S/o Mohd. Shafi came to the house of the petitioner No. 1 in a police vehicle, where after they trespassed into the house of the petitioner No. 1, searched the entire house, used filthy and un-parliamentary language, harassed and humiliated the petitioner No.1 and other family members, damaged Black and White Television of petitioner No.1 and while leaving the house, threatened the petitioner No.1 that they will kill him if he refused to surrender the aforementioned land in favour of above named Mohd. Sadiq S/o Mohd. Khan. It is stated that the said Mohd. Sadiq S/o Mohd. Khan, is working as an orderly in the J&K Legislative Assembly and at the relevant point of time was also working at the residence of Sh. Tara Chand, Ex. Deputy Chief Minister of the State of Jammu and Kashmir, is a very headstrong person and has been wanting to grab the 70 kanals of land of the petitioner No.1 falling under Khasra No.4286. It is further stated that after the said incident, the petitioner No.1, with a view to apprise the Hon'ble Ex. Deputy Chief Minister of the misdeeds of his orderly as also to approach the Hon'ble Chief Minister of the State in this regard, left for Srinagar on the same day and taking advantage of the absence of the petitioner No.1, the above named persons with the active aid and assistance of the authorities of Police Station, Gharota and some headstrong persons of the area trespassed into the land of the petitioner No.1 and completely damaged the standing bajra crop over 13 kanals of land falling under above said Khasra No.4286. It is stated that petitioner No.1, after coming to know the said incident by his family members over telephone, moved a written complaint against the above named persons before the Hon'ble Chief Minister at Srinagar where after the PRO to Advisor to the Hon'ble Chief Minister vide his Communication No:PS/Adv/HCM/09/62 dated 03.08.2009 forwarded the complaint of the petitioner No.1 to the Senior Superintendent of Police, Jammu for registration of formal FIR against the persons named therein and for investigation into the matter. Thereafter, the said communication dated 03.08.2009 was further forwarded by the Senior Sup