V. K. KHANNA, J. ( 1 ) THIS is an application under section 482 Cr. P. C. for quashing the proceedings taken under section 145 Cr. P. C. between Mohd. Shahid and Sharda Charan Verma, pending in the Court of City Magistrate Gorakhpur. ( 2 ) BRIEF facts for the purposes of deciding the present application are that the dispute in the present application relates to a piece of land known as Jamin Khandhar situated in Mohalla Basantpur Mutnasa having an area of 7500 sq. feet. On the report of Sub-Inspector Rajghat, Gorakhpur dated 13-10-1980 reporting that there was an apprehension of breach of peace, the Magistrate on 16-10-1980 passed a preliminary order recording Prima facie satisfaction that there was an apprehension of breach of peace under section 145 Cr. P. C. and also an attachment order under section 146 (1) Cr. P. C. Applicant had also filed suit No. 907 of 1980 against Sri Sharda Chandra Verma praying that the defendant be restrained by a permanent injunction from dispossessing the applicant otherwise than in due course of law and further restraining him from interfering in the property in dispute. On 14-10-1980 an injunction order was passed in the case to the effect that the parties shall maintain status quo. After hearing the parties on 4-2-1981 the injunction was confirmed and it was ordered that uptill the date of decision of the suit the defendant will not dispossess the plaintiff from the disputed Khandhar. Plaintiff-applicant was also ordered to maintain status quo till the date of the decision of the suit. Opposite Party Shard a Chandra Verma preferred an appeal which was disposed of by the 3rd Additional District Judge, Gorakhpur on 30-10-1982 and the order passed by the Munsif was confirmed and the defendant was restrained from dispossessing Mohd. Shahid from the land of dilapidated house. The matter was thereafter taken up in writ, petition in this court by opposite party Shatda Chandra Verma. In the writ petition, however, it was directed that the suit itself be, disposed of within a period of four months. This order was passed on 24-7-1984. However, it appears that after the passing of the order by the High Court, Mohd. Shahid withdrew the suit from the Court of Munsif City. In the writ petition, however, it was directed that the suit itself be, disposed of within a period of four months. This order was passed on 24-7-1984. However, it appears that after the passing of the order by the High Court, Mohd. Shahid withdrew the suit from the Court of Munsif City. Gorakhpur and filed it with amendment before the Civil Judge where it is still pending and injunction order already granted in the suit is still, continuing. ( 3 ) LEARNED counsel for the petitioner in this case relying on the decision of the Supreme Court in the case of Ram Sumer Pun Mahanth v. State of U. P. has urged that in this case the parties are already litigating before the civil court and the Civil Court has already granted an injunction restraining the defendant from interfering with the possession of the plaintiff and thus the proceedings initiated under section 145 Cr. P. C. are liable to be quashed. ( 4 ) LEARNED counsel for the opposite party has not disputed before me that the subject matter in he suit is not the same as is involved in the proceedings under section 145 Cr. P. C. He has, however, contended that the Magistrate in this case has recorded a finding that there is n apprehension of breach of peace and thus he had jurisdiction to continue with the proceedings under section 145 Cr. P. C. ( 5 ) IN this case the orders passed by the Munsif in the suit and of the Civil Judge in the appeal have been filed. A bare perusal of the order passed by the Munsif and the civil Judge shows that a categorical finding of possession at the stage of granting the injunction has been recorded in favour of the applicant and the defendant Sharda Chandra Verma, who is contesting opposite party No. 2 in this application has been specifically restrained from interfering with the possession of the plaintiff. This very injunction order has been repeated in the same terms by the appellate court and the finding has been affirmed. In the writ petition which has been filed by the opposite party No. 2 Sri Sharda Chandra Verma, the operation of the injunction order passed by the courts below have not been challenged and it was only said that the suit itself may be decided within 4 months. In the writ petition which has been filed by the opposite party No. 2 Sri Sharda Chandra Verma, the operation of the injunction order passed by the courts below have not been challenged and it was only said that the suit itself may be decided within 4 months. As has been observed above, the civil suit has now been withdrawn and with amendment has been filed before the Civil Judge where the injunction order has been passed in the same terms as passed by the Munsif and the Civil Judge in the earlier proceedings. It is not disputed that in the suit which is pending before the Civil Judge the contesting respondent No. 2 is a party. As in the case of Ram Sumer Pun Mahanth (supra) in this case also civil litigation is pending for the property wherein the question of possession is involved and has been adjudicated for the purposes of granting interim injunction in the suit. In this case also the parties are in a position to approach the civil court for interim orders such as injunction or any other suitable order for adequate, protection of property during the pendency of the dispute. In my opinion, the facts of the present case arc similar to the facts in the case of Ram Sumer Pun Mahanth (supra) and on the facts of this case I am of the opinion that parallel proceedings should not continue and the order of the learned Magistrate may be quashed. ( 6 ) FOR the reasons stated above, the present application is allowed and the order of the learned Magistrate by which proceedings under section 145 Cr. P. C. have been initiated and the property in dispute are attached are quashed. It is, however, being made clear that it will be open for the parties to move civil court for appropriate interim orders, if so advised. Petition allowed. .