Chatar Singh vs State Of Uttarakhand & Another

Lok Pal Singh, J

By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the charge sheet dated 09.09.2007, summoning order dated 23.09.2008 as well as proceedings of criminal case no. 1405 of 2008, State vs. Ratan Singh & others, relating to offences punishable under sections 419, 420, 467, 468, 471 & 506 IPC pending in the court of Civil Judge (J.D)/Judicial Magistrate, 1, Vikas Nagar, District Dehradun.

Brief facts, of the case, are that present petitioner purchased a land from one Jagdish Singh. He sold 163. 94 sq. mtr. land of Khasra No. 296, situated at Village Ambadi, Tehsil Vikas Nagar, District Dehradun to one Smt. Harvinder Kaur vide sale deed dated 16.03.2007. Respondent no. 2 has filed an Original suit no. 521 of 2006 against the petitioner seeking permanent injunction towards 0.4110 hectare land of Khasra No. 192A, 0.526 hectare land of Khasra No. 192B and 0.336 hectare land of Khasra No. 192 C, total area 1.283 hectare situated at Village Ambadi, Tehsil Vikas Nagar, District Dehradun. 2nd Additional Civil Judge (J.D) Dehradun vide order dated 14.07.2006 restrained the petitioner from interfering in the possession of respondent no. 2 over the aforesaid land. Since, respondent no. 2 in collusion with the police concerned was trying to stop the construction raised by the petitioner over his land, therefore he made complaint before Sub Divisional Magistrate, Vikasnagar. Subsequently, thereafter, respondent no. 2, on 15.07.2007 lodged first information report against the petitioner with the allegation that he is trying to interfere in the peaceful possession of respondent no. 2. Petitioner approached to this Court and got interim order in his favour. The I.O. after investigation submitted charge sheet against the petitioner under section 419, 420, 467, 468, 471 and 506 IPC.

The trial court appears to have summoned the petitioners in respect of aforesaid offences vide summoning order dated 23.09.2008.

It is the contention of the learned counsel for the petitioner that the first information report has been lodged on false and wrong facts, as respondent no. 2 claiming himself to be the owner of 0.4110 hectare land of Khasra No. 192A, 0.526 hectare land of Khasra No. 192B and 0.336 hectare land of Khasra No. 192 C, total area 1.283 whereof petitioner has no concern with the aforesaid land. It is further contended that petitioner has only sold part of his land, bearing Khasra No. 296, to Smt. Harvinder Kaur, and, in case respondent no. 2 has any grievance towards the registration of sale deed, he can avail remedy of civil suit.

Heard learned counsel for the parties and perused the entire material available on record.

Perusal of the FIR would reveal that dispute between the parties is purely civil in nature and FIR has been lodged during the pendency of civil suit filed by the complainant. The matter which essentially involves dispute of civil nature should not be allowed to become subject matter of criminal proceedings. This Court is of the view that learned Magistrate has failed to exercise its jurisdiction and took cognizance against the petitioners. Thus, the impugned summoning order is liable to be set aside.

In view of the above, charge sheet dated 9.09.2007, summoning order dated 23.09.2008 as well as proceedings of criminal case no. 1405 of 2008, State vs. Ratan Singh & others, relating to offences punishable under sections 419, 420, 467, 468, 471 & 506 IPC pending in the court of Civil Judge (J.D)/Judicial Magistrate, 1, Vikas Nagar, District Dehradun are hereby quashed. Consequently, C-482 petition is allowed.