Punjab-Haryana High Court
Raghbir And Another vs State Of Haryana And Others on 19 April, 2024
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2024.05.02 18:35
2024:PHHC:052806
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
119 CRM-M-65085-2023
Date of Decision: 19.04.2024
RAGHBIR AND ANOTHER
...Petitioners
Versus
STATE OF HARYANA AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
Present:- | Mr. H.S. Dhindsa, Advocate for the
petitioners.
Mr. Tanuj Sharma, AAG, Haryana.
Mr. Chander Shekhar Singhal, Advocate for
respondent No.5.
3 2k ie 2c 2
ALOK JAIN, J. (Oral)
1. The present petition has been filed inter alia praying for
quashing of Calandra No.18 dated 18.10.2023 under Section 145 Cr.P.C.
resgistered at Police Station Mullana, District Ambala (Annexure P-8).
2. Learned counsel for the petitioner submits that the said
proceedings under Section 145 Cr.P.C. are not maintainable in light of the
judgment passed by the Hon'ble Supreme Court in the case of "Ashok
Kumar vs. State of Uttarakhand" ATR ONLINE 2012 SC 383 and "Mohd.
Abid and others vs. Ravi Naresh and Others" 2022 Live Law (SC) 921 in
which it was held that once the Civil Court is seized of the matter, any
proceedings under Section 145/146 Cr.P.C. cannot proceed and must come
to an end. The inter se rights of the parties regarding the title or possession
are eventually to be determined by the Civil Court only.
3. Per contra, \earned counsel for respondent No.5 has submitted
that the respondents have been granted the interim relief against the order
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CRM-M-65085-2023 2 2024:PHHC:052806
dated 14.11.2022 whereby an applicant under Order 39 Rules 1 and 2 read
with Section 151 of CPC was allowed and the defendants were restrained
from interfering in their lawful and peaceful possession over suit property
and further from alienating, creating or mortgaging or selling or entering
into any type of agreement regarding the suit property on 14.11.2022. This
order was challenged by the defendants in an appeal whereby vide order
dated 21.03.2023 (Annexure P-7) the Court has directed that status quo be
maintained.
4. Learned counsel for respondent No.5 submits that in fact, they
are in possession of the suit land and therefore by virtue of the status quo
order their possession has been protected.
5. Be that as it may. I have heard the learned counsel for the
parties. In light of the judgment passed by the Hon'ble Supreme Court in the
case of "Mohd. Abid and others vs. Ravi Naresh and Others" 2022 Live
Law (SC) 921 wherein it was specifically held that the proceedings under
Cr.P.C. cannot subsist when there are parallel civil proceedings qua the same
matter already going on, hence Calandra No.18 dated 18.10.2023 under
Section 145 Cr.P.C. registered at Police Station Mullana, District Ambala
(Annexure P-8) is hereby quashed. However, as a matter of abundant
precaution, both the parties are directed not to disturb the peace and
harmony of the society and shall only agitate their claims before the Civil
Court. For the protection of the interests of all the parties involved, the
petitioner is permitted to harvest the crop and the entire amount which will
be received from the sale of the said crops be kept in an FDR till the
pendency of the appeal arising out of order dated 14.11.2022, whereby the
application under Order 39 Rules 1 and 2 read with Section 151 of CPC was
MOHIT
2024.05.02 18:35 allowed.
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CRM-M-65085-2023 3 2024:PHHC:052806
6. The appellate Court shall also make an endeavour to
expeditiously decide the said appeal in accordance with law, so that the
rights of none of the parties are prejudiced. The Appellate Court shall also
pass a specific order as to who is entitled to the said amount which has been
directed to be kept in FDR.
7. With the above observations, the present petition stands
disposed of. Any findings or averments recorded in this petition shall not be
construed as any opinion on the possession and other civil rights of the
parties in any civil proceedings.
(ALOK JAIN)
April 19, 2024 JUDGE
Mohit Bishnoi
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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2024.05.02 18:35
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