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MANISHA BATRA
Gurmail Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. quashing of fir based on facts. (Para 1 , 2) |
| 2. arguments against the fir’s validity. (Para 3 , 4) |
| 3. (Para 5 , 6) |
| 4. principles for quashing fir established by supreme court. (Para 7) |
| 5. analysis of trespass allegations. (Para 8 , 9 , 10) |
| 6. possession law regarding co-owners. (Para 11) |
| 7. analysis of mischief allegations. (Para 12 , 13) |
| 8. final order to quash fir and proceedings. (Para 14) |
JUDGMENT :
Manisha Batra, J.
The instant petition, under Section 482 of the Code of Criminal Procedure (for short ‘the Code’), has been filed for quashing of FIR No. 125 dated 20.11.2022, registered under Sections 427 and 447 read with Section 511 of the IPC at Police Station Sandaur, District Malerkotla and the proceedings having emanated therefrom.
2. Brief facts relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on the basis of a complaint filed by respondent No. 2-Bahadar Singh on the allegations that Samreen Kaur and Ivleen Kaur, who are his granddaughters and residing in Canada, were co-owners of 04 acres of land situated in the revenue estate of village Faujewal. The girdawari entries of this land were in the names of his
The court quashed the FIR due to the absence of prima facie evidence for the charges, affirming that vague allegations do not substantiate criminal liability, and distinguished the matter as a family....
The main legal point established is that a bona fide claim of right or title can protect a person from being convicted of criminal trespass, even if the claim is ill-founded in law.
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
The pendency of a civil suit does not affect the criminal proceedings, and both can proceed simultaneously. The Court also emphasized the limited scope of interference at the stage of quashing charge....
The court can quash criminal proceedings under inherent powers if the allegations stem from a civil dispute and fail to establish a prima facie case for the alleged criminal offences.
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
FIR quashed as allegations fail prima facie to constitute Sections 451,447,506 IPC offences in civil property possession dispute lacking trespass intent and intimidation alarm, preventing abuse of pr....
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