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MANISHA BATRA, J. (Oral)

1. The instant petition has been filed under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), which is pari materia with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, making prayer for quashing of FIR No.75 dated 26.06.2020 registered under Sections 380, 427, 447, 451 and 506 of IPC at Police Station Mehtiana, District Hoshiarpur and all the subsequent proceedings having emanated therefrom.

2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of the statement recorded by complainant Suman Kaur alleging therein that her husband Jagir Singh, who was living in New Zealand for the past ten years, owned some land situated at Village Bhungrani and another 04 kanals of land at some other place. Previously, her younger brother-in-law Gurdev Singh used to cultivate this land. After his death, she was getting this land cultivated through the present petitioner who is son of her elder brother-in-law and used to pay money to him in lieu thereof. Then she gave the same land to one Nirmal Singh @ Nimma on lease who cultivated the same for one year. In May, 2020, she gave this land on lease to Gurinder Singh. However, the petitioner did not let the above named Gurinder Singh cultivate the land. She got maize crop sown over the said land through one Manjit Singh. In the morning of 16.06.2020, she found that the said crop had been ploughed down by the petitioner who forcibly took possession of the land and extended threats to not to enter therein. He also took away a tractor and trolley which was in the name of her husband and was lying in her house on the evening of 17.06.2020.

3. After registration of FIR under the aforementioned sections, investigation proceedings had been initiated. The petitioner was extended benefit of anticipatory bail and joined investigation. Investigation now stands concluded and challan has been presented before the learned trial Court.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. Infact, his uncle executed a power of attorney in his favour on 20.05.2020. He had sent the same through mail to him. He had also intimated the investigating agency through email that his wife i.e. the complainant had falsely got the instant FIR registered against the petitioner and that he himself had given the entire land owned by him to the petitioner for the cultivation purposes, for collecting rent or batai of the same and also for looking after the same and his wife feeling offended due to this fact has got this case registered. It was also informed by Jagir Singh that the tractor in question along with some agricultural tools and implements had himself been given by him to the petitioner to cultivate his land since the year 2011. It is submitted that the complainant had even filed a civil suit against her husband and the petitioner seeking injunction from dispossessing her from the land under the ownership of her husband which is pending. The petitioner had been cultivating the land owned by his uncle as per his instructions only and as such his possession over the said land cannot be stated to be unauthorized in any manner and does not amount to committing offence of criminal trespass. The complainant is not the owner of the land in dispute nor she owned the tractor in question. The ingredients for commission of offences punishable under Sections 427 and 451 of IPC are also not attracted against the petitioner. The proceedings have been initiated against him only to abuse the process of law. There are no chances of culmination of these proceedings into his conviction. With these broad submissions, it is urged that the impugned FIR is not sustainable in the eyes of law and is liable to be set aside along with its consequential proceedings.

5. The respondent No.1-State has filed reply submitting that on con