M. S. A. Siddiqui ( 1 ) BEING aggrieved by the impugned show cause notices issued by the Special Executive Magistrate under Section III of the Code of Criminal Procedure, the petitioners Ajay Narain and Smt. Aarti Singh have filed two separate petitions under Section 482, Cr. P. C. I propose to dispose of both the petitions by this common order. ( 2 ) THERE is a dispute between the petitioners in respect of the property bearing No. 110, Jor Bagh, New Delhi. Both the petitioners approached the Police with allegations and counter allegations against each other. Apprehending that the dispute between the petitioners may lead to breach of the public peace and tranquillity, the Station House Officer of Police Station Kotia Mubarakpur filed a Kalendra under Section 107, Cr. P. C. before the Special Executive Magistrate. On 2. 9. 1998, the Special Executive Magistrate examined the SI Hulas Giri in support of the Kalendra and on being satisfied about apprehension of breach of the public peace, she made a preliminary order under Section III, Cr. P. C. and issued the impugned notices to the petitioners requiring them to show cause as to why they should execute a bond for keeping the peace for a period of one year in the sum of rupees five thousand with one surety in a like amount. Aggrieved thereby, the petitioners have come up before this Court under Section 482, Cr. P. C. ( 3 ) IN Madhu Limaye and Another v. Sub-Divisional Magistrate and Others, AIR 1971 S. C. 2486, it was held that Section 107 of the Code of Criminal Procedure is aimed at persons, who cause a reasonable apprehension of conduct likely to lead to a breach of the peace or disturbance of the public tranquillity. This provision is in aid of orderly society and seeks to nip in the bud conduct subversive of the peace and public tranquillity. ( 4 ) IN the instant case, foundation of the impugned notices is the following statement of SI Hulas Giri : ". . . . . . . . . . . . . BOTH the parties keep on complaining regarding parking bi-cycle, throwing the garbage, some time for dripping water from the A. C. , blockade sewerage pipe against each other and try to take police in their favour. . . . . . . . . . . . . BOTH the parties keep on complaining regarding parking bi-cycle, throwing the garbage, some time for dripping water from the A. C. , blockade sewerage pipe against each other and try to take police in their favour. Shri Ajay Narain has stated in his statement that he stays at home for a short while and Smt. Aarti Singh can harm the life and property of his children. Similarly Smt. Aarti Singh also states that her husband most of the time remains out of Delhi, Ajay Narain can harm the life and property of Smt. Aarti Singh. The disputes between the parties is relating to the house and trivial matters. And for this a case is pending in the High Court. Still there is lot of tension between the parties and it is apprehended that in the area any serious offence can take place. " ( 5 ) THE aforesaid statement of SI Hulas Giri clearly shows that there is a dispute between the parties in respect of the property bearing No. 110, Jor Bagh, New Delhi and admittedly the petitioner Ajay Narain has already filed a civil suit against the petitioner Smt. Aarti Singh in respect of the said property. That being so, the members of the public were not affected by the alleged acts, action or conduct of the petitioners. The underlying object of the Section 107, Cr. P. C. is preventive and not penal. (Ramnarain Singh and Others v. State of Bihar, AIR 1972 SC 2225 ). The sole object of initiating proceedings under Section 107 of the Code is to maintain public peace and tranquillity and cannot be used as a handle in case of a private dispute between individuals where there is no material of disturbance to public tranquillity or public peace. In the facts and circumstances of the case, there was absolutely no justification for initiating proceedings under Section 107 of the Code against the petitioners. Consequently, the proceedings under Section 107 of the Code initiated against the petitioners are liable to be quashed. ( 6 ) IN the result, both the petitions are allowed and the proceedings initiated by the learned Magistrate under Section 107, Cr. P. C. against the petitioners are quashed.