Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer for quashing FIR No. 97/2012 of Police Station, Shivganj, District Sirohi for the offences punishable under Sections 448, 380 and 427 I.P.C.
(2.) THE impugned FIR has been lodged by the respondent No. 2 while contending that a residential house situated in town Shivganj at Ambica Chowk, Mochi Kuwan was in her ownership and possession as her father and mother have alienated the said house in her favour through a registered Will. It is contended that mother of respondent No. 2 died in Mumbai on 17.4.2012 and during the period when she was in Mumbai, the accused persons entered into her house and forcibly took possession of the said house. It is further contended that the accused persons committed theft and also destroyed the property amounting to Rs. 25,000/ -. It is further alleged that on 5.5.2012, when she tried to enter into the house, the accused persons stopped her by using force. Learned counsel for the petitioners has argued that prior to the impugned FIR, the respondent No. 2 filed a complaint before the S.H.O., Police Station, Shivganj in respect of the alleged incident wherein it is mentioned that the accused persons trespassed into her house on 4.5.2012. It is also argued that the respondent No. 2 has also filed a complaint before the Superintendent of Police, Sirohi on 18.5.2012 wherein it is mentioned that the accused persons forcibly entered into the house of the petitioner on 18.4.2012. It is contended that in every complaint the respondent No. 2 has given different date of incident and this fact itself is sufficient to conclude that allegation levelled in the impugned FIR are false.
(3.) LEARNED counsel for the petitioner has also submitted that the petitioner No. 1 has also filed an FIR on 10.9.2012 wherein she alleged that the respondent No. 2 is trying to dispossess her from the disputed house. It is argued by learned counsel for the petitioners that the respondent No. 2 is claiming ownership over the disputed house on the basis of a Will executed in her favour by her mother and father whereas the petitioners are claiming ownership over the disputed house on the basis of another Will executed by father of respondent No. 2 in favour of petitioner No. 2. Learned counsel for the petitioners has further informed that the respondent No. 2 has already filed a civil suit claiming eviction of the petitioners from the disputed house. It is also informed that the house in question has been attached in the proceedings under Sections 145 and 146 Cr.P.C. and the S.H.O., Shivganj has been appointed as Receiver. Learned counsel for the petitioners has argued that the dispute between the parties is of civil nature and has been given color of criminal offence and, therefore, the impugned FIR may be quashed.;