The Court can quash criminal proceedings if a civil dispute is given a criminal nature and if criminal proceedings are used as instruments of harassment.

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the medium of this petition, has invoked the inherent jurisdiction of this Court in terms of Section 561-A of now repealed J&K CrPC (akin to section 482 of Central CrPC) seeking quashment of the FIR No. 0061/2018 dated 11.04.2018 registered at Police Station, Bari Brahmana District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was accused of being involved in the commission of offences punishable under Sections 427, 447, 504, 506 RPC (since repealed penal law of J&K).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 in the Court of learned Pr. District Judge Samba against respondent No.3 herein seeking a decree of permanent prohibitory injunction restraining the respondent No.3 from interfering in any manner, forcibly occupying, dispossessing the petitioner from the land aforesaid, the said suit was transferred to the Court of learned Munsiff Samba for further adjudication, who vide order dated 14.03.2018 temporarily restrained the respondent No.3 herein from interfering in any manner and forcibly occupy, dispossess the petitioner from the suit land.

(c) That respondent No.3 being a high headed person and having very close links with Gunda elements and land brokers kept on threatening the petitioner of dire consequences, as such, the petitioner filed an application in the court of learned Addl. Munsiff, Samba seeking implementation of order dated 14.03.2018 through in-charge Police Station Bari Brahmana and the learned court vide order dated 15.03.2018, in order to maintain the sanctity of court order, directed in-charge Police Station Bari Brahmana to implement the order dated 14.03.2018 and submit the compliance report.

(d) That the SHO P/S Bari Brahmana after receiving both the aforesaid orders from the learned court made a request to Tehsildar Bari Brahmana vide his letter dated 20.03.2018 for conducting demarcation of Khasra Nos. 506, 509 and 528 of Village Birpur Tehsil Bari Barhmana District Samba, thereafter Tehsildar Bari Brahmana conducted the demarcation of the aforesaid land and submitted the report dated 30.03.2018 which clearly held that Khara No. 528 measuring 04 Kanal is under the possession of petitioner and there is no entry in the revenue record in respect of respondent No.3 herein. The Akas Shajara in respect of the Khasra numbers stands submitted by the revenue authority vide their report dated 30.03.2018 clearly indicating the position of Khasra numbers therein.

(e) That the respondent No. 3 in order to cause harassment and for taking advantage in civil litigation pending disposal before the civil court between petitioner and respondent No. 3 managed to file impugned FIR No. 0061/2018 at Police Station Bari Brahmana District Samba under sections 447, 427, 504 & 506 RPC against the petitioner.

3. Respondent No.2-SHO Police Station Bari Brahmana, in his counter has stated that the present petition is not maintainable as the petition involves factual disputes which can only be adjudicated by leading evidence and requires a full dressed trial by the trial Court. It is contended that on 11.04.2018 one person namely Kuldeep Raj Dubey S/O Behari Lal R/O 18 Mohinder Nagar Tehsil and District Jammu, came to Police Station and produced a Court order with regard to registration of FIR. After receipt thereof, the respondent No.2 registered a case FIR No. 61