Despite Civil Case Pending, If Breach of Peace is Apprehended, Then Civil Proceedings U/s 107 of CrPC Would be Initiated

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Paridhi Arya

Published on June 6, 2022 at 20:31 IST

The Single Judge Bench of Justice Asha Menon observed that when the report is given to the Magistrate that there is a land dispute which is apprehended to breach of peace in such matter Magistrate will only deal the question of possession and cannot question the title of property.

Justice Asha Menon said “There can be no question that the proceedings under Section 145 Cr.P.C would be subordinate to civil proceedings.”

The Criminal Miscellaneous Application was filed by Murari Mirchandani, in High Court under Section 482 Cr.P.C against the Notice issued by SDM for de-sealing of the land.

Surender Kumar Sardana was the one to whom the land was given in lease by Delhi Development Authority (DDA) after his death, Jitendra Kumar Sardana on behalf of himself and other siblings entered in MoU with Mirchandani.

The sale was decided to be made in 19 Crore rupees. Mirchadani paid 5 Lakh rupees to each of the sibling but later daughter of deceased sister filed a partition suit.

The complaint in 2014 filed under Section 145 of Cr.P.C by another sibling after which property got sealed and High Court passed the order to SDM that within six months matter need to be disposed off.

Now the part in the present application of aggrieved that when already matter was pending, SDM cannot issue the notice of de-sealing.

The question of title raised here is to be decided only by the Civil Court.

The High Court held that impugned order of de-sealing passed by the SDM was ex facie wrong as under High Court and Civil Court question of title and possession is pending over disputed land.

The Court observed that when proceeding is pending in civil court and in threat of breach of peace if orders are issued then such proceedings should be initiated under section 107 and not under Section 145 of Cr.P.C.

The High Court quashed the notice by SDM as it violates law and abuse of process of court and passed by wrong exercise of his power.

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