AI Structured Summary
Not yet generated for this judgment
Judgment
Adars Kumar Goel, J.—On 29.4.2005, the following order was passed:
Learned Counsel submitted that Petitioners are facing prosecution in a private complaint on account of clerical mistake in Fard Badar proceedings. Learned Counsel refers to relevant averments in para 4, which on reproduction read as under:
That since the aforesaid mistake had occurred with regard to the land measuring 5K-10M comprised in Khasra No. 54/12 Khewat No. 59 purely on account of clerical mistake, therefore, on the asking of Petitioners No. 1 to 8, Halqa Patwari entered the Fard Badar on 20.11.99 for correction of the clerical mistake and the A.C. IInd Grade granted his permission for the aforesaid proposed rectification on 02.02.2000. On account of rectification of the clerical mistake, the successors of Layak Ram as well as Jivna Ram i.e., the complainant and his family members on one hand and the Petitioners on the other hand were entered as owners in equal shares in land measuring 5K-10K comprised in Khewat No. 59, Khasra No. 54/12. A copy of the Fard Badar entered by the Halqa Patwari containing permission dated 2.2.2000 granted by A.C.IInd Grade is enclosed herewith as Annexure P-4.
According to learned Counsel, prosecution launched on a private criminal complaint in respect of a mistake in revenue records, amounts to abuse of the process of law.
Hence, further proceedings before Court below to remain stayed till the next date hearing.
I have heard learned Counsel for the parties.
For the reasons mentioned in the above order, I am of the view that there is no justification to continue proceedings in the criminal complaint. Accordingly, proceedings in the criminal complaint are quashed.
The petition is disposed of.
Petition allowed.