(Passed on 07/07/2021)

This application under Section 482 of CrPC has been filed for

quashment of proceedings initiated under Section 145 of CrPC

registered as Case No. 121/145x21 pending in the Court of Sub-

Divisional Magistrate, Mehgaon, District Bhind.

2.

It is the case of the applicants that police Gormi District Bhind

has presented Istgasa No.01/21 under Section 145 before the Court

of SDM, Mehgaon, District Bhind on the allegation that the

applicants are owner and in possession of land bearing Survey No.

305/09, 306/04 and 306/1 situated in village Gormi District Bhind

and the respondent No. 2 are claiming ownership pleading that they

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are Maurushi Krishak and in possession of the said land. Since both

the parties are claiming their possession over the said land, therefore,

there is possibility of breach. Accordingly, 26 bags of mustard were

also seized.

3.

It is the case of the applicants that the applicants had harvested

the mustard crops standing over the land in question and the same

was kept in the field. However, the respondent No. 8 in connivance of

the authorities and the private respondents unauthorizedly took away

the said mustard crop and kept in the Police Station without obtaining

the order of the SDO. It is also contended that the applicants have

submitted an application before the Superintendent of Police, Bhind

for return of the said mustard crops. However, no heed has been paid.

4.

Earlier the respondents No. 1 to 5 had filed a civil suit for

declaration of title, permanent injunction and for declaring the sale

deed dated 16.12.1992 as nullity and void, which was registered as

Civil Suit No.259-A/1998 (Ram Lal and others Vs. Laxmi Datt and

others). The said civil suit was dismissed by the Trial Court by

judgment and decree dated 22.12.2006 and it was found that the

applicants are in possession of the said land. Thereafter, the

respondents No. 1 to 5 filed Civil Appeal No. 15/2009, which was

also dismissed by the Appellate Court by judgment and decree dated

06.12.2010 and it was also held that the applicants are in possession

of the land. Thereafter, the respondents No. 1 to 5 filed second

appeal, which has been registered as Second Appeal No.158/2011

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and by order dated 16.01.2013, this Court has directed the parties to

maintain status quo. It is contended that on earlier occasion also,

respondents No. 1 to 5 had filed a complaint No.8/2014x145CrPC

under Section 145 of CrPC, however, the said complaint was

dismissed by SDM, Mehgaon by order dated 23.05.2014 in the light

of the pendency of the civil suit. Thereafter, the respondent No. 4

lodged a FIR in Crime No.37/2013 against the applicants for offence

under Sections 379, 294, 447, 188, 506 of IPC. The said proceedings

were challenged by the applicants by filing an application under

Section 482 of CrPC, which was registered as M.Cr.C. No.2519/2013

and Crime No.37/2013 was quashed by this Court by order dated

27.04.2017. In the Istgasa also, the applicants have filed all the

documents before the SDM and prayed for dropping the proceedings.

However, neither the proceedings were dropped nor any order to

handover the crops of mustard has been passed. It is further alleged

that SDM, by order dated 22.03.2021 has directed the Revenue

Inspector and Patwari to file Panch Prativedan to the effect that as to

who is in possession of the land in dispute for the last two months.

5.

Respondents No. 1 to 5 have filed I.A. No.18406/2021 for

dismissal of petition. It is admitted that the civil dispute is pending

between the parties and S.A. No.158/2011 is pending before this

Court, which was admitted by order dated 16.01.2013 and the effect

and operation of the impugned judgment and decree has been stayed

and the parties have been directed to maintain status quo. Thereafter,