ADARSH KUMAR GOEL, J. - (1.) THIS petition has been filed for quashing of FIR No. 149 dated 13.8.2003, under Sections 406, 420 and 448 IPC, Police Station Phillour, District Jalandhar.
(2.) THE FIR has been lodged by Mr. Brij Mohan Sharma, respondent No. 2, alleging that the petitioner had agreed to hand over the keys of the premises, previously occupied by East India Company, but did not carry out this commitment, though he accepted a sum of 26,50,000/- for vacating the possession. The petitioner, thereafter, put his lock on the premises against resolution of the panchayat. The complainant gave an application that he was the owner and tried to raise a wall, which was obstructed by the petitioner. The FIR, as summed up above, clearly shows that even as per case of the complainant, the possession was with the petitioner and was never with the complainant. In these circumstances, it could not be held that any offence of trespass was committed. The claim of the complainant to title or possession of the premises could give rise to a civil dispute. Similarly, not honouring commitment will be merely breach of promise. Counsel for the petitioner submitted that no written receipt has been claimed or produced and the petitioner disputed the allegations. In any case, the FIR is thus, clearly abuse of the court's process and proceedings thereon are liable to be quashed.
(3.) AFTER hearing counsel of the parties, I find that even on taking allegations at their face value, no criminal case is made out. Dispute raised is clearly of civil nature. Accordingly, proceedings in FIR No. 149 dated 13.8.2003, under Sections 406, 420 and 448 IPC, Police Station Phillour, District Jalandhar, are quashed. The petition is disposed of. Petition allowed.;