A single-judge order dismissing a criminal petition for quashing an F.I.R. The court refused to quash the proceedings initiated against petitioners accused of IPC offences regarding land dispute, finding no ground to interfere.
None. The criminal petition for quashing the F.I.R. is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
Crl.P.No.7291 of 2012
O R D E R:
The petitioners 1 to 3/A.1 to A.3 are accused of offences punishable under Sections 447, 427/34 IPC. They are all brothers. Their deceased father is stated to have executed a registered sale deed in respect of Ac.1.62 cents of land. It is alleged that the petitioners’ father executed another agreement for sale in respect of 15 plots made out of Ac.7.34 cents deleting Ac.1.62 cents therein and that after the death of the petitioners’ father, suit is filed for execution of registered sale deed. Complaint of the de facto complainant is that the petitioners went to the land on 16.08.2011 and tilled the same and damaged formation of roads in that land. It is contended by the petitioners’ counsel that the land is ancestral property of the family in which not only the petitioners’ father but also petitioners and other members of the family have got right. It would be an issue which will be decided by the Civil Court. It is further contended by the petitioners’ counsel that the vendees have no injunction in their favour except status quo. When there are status quo orders, physical features in the land cannot be disturbed by way of digging the land in order to damage road formation therein. I find
no reason to quash F.I.R. in this case.
Hence, the criminal petition is dismissed.
_____________________________ SAMUDRALA GOVINDARAJULU,J
Dt. 12th October, 2012
PNV
2 issues framed by the court
Whether the dismissal of the execution petition necessitating quashing of the FIR can be granted to the accused who are brothers facing IPC offences.
Whether the sole nature of the dispute involving ancestral property rights should preclude quashing of the criminal proceedings.
Petitioners 1 to 3
De facto complainant (Vendees)
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
