Quashing of FIR--Criminal Tresspass--Allegations of taking forcible possession of Land--Complainant on civil side lost upto Supreme Court--Earlier FIR lodged against predecessor-in-interest of petition on similar allegation culminated into acquittal of accused--Filing of FIR to defeat vested civil rights of petitioner quashed.

2010(1) LAW HERALD (P&H) 577
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Ajai Lamba
Criminal Misc. No. 25347-M of 2008
Purshotam Saini & Ors.
v.
State of Haryana & Anr
{Decided on 27/01/2010}
For the Petitioner(s).: Mr. PS Sikand, Advocate.
For the Respondent: Mr. Gaurav Dhir, DAG, Haryana.
For the Respondent No.2: Mr. Puneet Bali, Advocate.
IMPORTANT POINT
Quashing of FIR--Criminal Tresspass--Allegations of taking forcible possession of Land--Complainant on civil side lost upto Supreme Court--Earlier FIR lodged against predecessor-in-interest of petition on similar allegation culminated into acquittal of accused--Filing of FIR to defeat vested civil rights of petitioner quashed.
(A) Criminal Procedure Code, 1973, S.482--Indian Penal Code, 1860, S.452, 448, 506 and 151--Quashing of FIR--Criminal trespass--Allegations of taking forcible possession of Land--Complainant having lost up to Supreme Court on civil side is abusing process of law and Court by filing FIR so as to defeat vested civil rights of petitioners--Earlier FIR against predecessor-in-interest of petitioner on similar allegations of taking forcible possession of Land culminated in acquittal of all accused persons--Continuance of proceeding would be abuse of process of Court--FIR quashed.
(B) Criminal Procedure Code, 1973, S.482--Indian Penal Code, 1860, S.452, 448, 506 and 151--Quashing of FIR--Criminal Tresspass--Allegations of taking forcible possession of Land--Complainant on civil side lost upto Supreme Court--Earlier FIR lodged against predecessor-in-interest of petition on similar allegation culminated into acquittal of accused--Filing of FIR to defeat vested civil rights of petitioner quashed.