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2023 Supreme(J&K) 42

M. A. CHOWDHARY
Puneet Sharma – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner: Nirmal Kotwal.
For the Respondent: Vishal Bharti.

JUDGMENT :

1. Petitioner, through the medium of this petition, has invoked the inherent jurisdiction of this Court in terms of Section 561-A of now repealed J&K CrPC (akin to section 482 of Central CrPC) seeking quashment of the FIR No. 0061/2018 dated 11.04.2018 registered at Police Station, Bari Brahmana District Samba, wherein the petitioner was accused of being involved in the commission of offences punishable under Sections 427, 447, 504, 506 RPC (since repealed penal law of J&K).

2. Petitioner/accused pleaded following facts:-

    (a) That the petitioner is owner in possession of land measuring 04 Kanal comprising in Khasra No. 528 situated at Village Birpur Tehsil Bari Brahamana District Samba by virtue of Gift Deed dated 12.10.2017 executed by the father of the petitioner duly registered in the Court of Sub-Registrar, Samba with all rights, title and interest, the mutation in respect of this land has also been attested in favour of the petitioner vide mutation No. 3555 dated 13.11.2017.

(b) That respondent No.3 having no right, title and interest started interfering in the peaceful possession of the petitioner over the land mentioned hereinabove, the petitioner filed a civil suit i

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