P&H: Refuses to Quash FIR in Land Dispute, Says Civil Proceedings Do Not Bar Criminal Case

(i) Civil dispute and criminal prosecution — Mere pendency of civil and revenue proceedings does not render criminal proceedings liable to be quashed where the FIR independently discloses the ingredients of cognizable offences. The existence of a civil dispute is not an absolute bar to...

(ii) Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, 1860, Sections 447, 34, 379, 427 — Quashing of FIR — Criminal trespass, theft and mischief — FIR specifically alleged forcible entry into disputed land, harvesting and removal of standing wheat crop, damage to the remaining crop...

(iii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 — Quashing of FIR— Disputed questions of fact — Pleas of ownership, co-ownership, possession and the effect of civil and revenue orders involve disputed questions of fact and cannot be conclusively determined in inherent jurisdiction - Such defences are...