Section 145 CrPC possession order cannot be quashed merely because civil proceedings over the same property are pending.

A final order under Section 145 CrPC determining temporary possession and preventing breach of peace cannot be quashed solely because civil litigation over the same property is pending. Section 145 does not decide title, and the pendency of a civil suit does not by itself invalidate a concluded and competent Magistrate's order. The proper course for the aggrieved party is to pursue relief before the civil court, which remains competent to determine possession independently. The High Court was therefore not justified in setting aside the Section 145 order, and the Magistrate's order was restored.

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Issues: Whether a concluded order under Section 145 of the Code of Criminal Procedure, 1973 could be quashed merely because civil proceedings concerning the same property were pending.

Analysis: Proceedings under Section 145 are intended to prevent breach of peace by deciding the factum of possession on a given date and do not confer title. The pendency of a civil suit concerning the same property does not, by itself, justify setting aside a final and competent order passed under Section 145. The earlier decision relied upon for quashing such proceedings applies where parallel criminal proceedings are sought to be continued despite a pending civil dispute, not where a concluded Magistrate's order already exists. The aggrieved party must seek relief before the civil court, which is competent to determine the issue of possession independently.

Conclusion: The High Court was not justified in quashing the proceedings under Section 145 merely because civil proceedings were pending; the Magistrate's order could not be nullified on that ground.

Final Conclusion: The appeal succeeded, the High Court's order was set aside, and the Magistrate's order was restored, leaving the parties to work out their rights in accordance with law.

Ratio Decidendi: A final order under Section 145 of the Code of Criminal Procedure, 1973, determining possession, cannot be set aside solely because civil litigation regarding the same property is pending, since Section 145 concerns only temporary possession and remains subject to the civil court's determination.

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