LALIT KUMAR MALHOTRA Vs. JASBIR KAUR SOHAL

JUDGEMENT

(1.) This is a writ petition under Section 482 of the Code of Criminal Procedure for quashing the complaint filed by the respondent No.1 against the petitioners.

(2.) Vide Lease Agreement dated 10.8.1985, three shops measuring 945.99 sq.ft. in Hotel Sofitel Surya were leased out to Late Jiwand Singh at the rent of Rs.1,300/- per sq.ft. and possession of the shops was delivered to Mr.Jiwand Singh. He also kept some articles of furniture in each of the three shops. The case of the complainant/respondent, as disclosed in the complaint, is that after death of her father late Shri Jiwand Singh on 13 th March, 1989, these shops came to the joint share of herself, her mother Smt.Suhagwanti, and her sister Ms.Manjeet Kaur, and all the documents in this regard were given to the lessor. When the complainant/respondent went to the shops in March, 1993, with a view to start business therein, she found that the locks on three shops had been broken and the goods lying therein were not available in the shops. When the matter was brought by the complainant to the notice of the Director of the Hotel, he stated that the shops had been opened for inspection and allowed the complainant to relock the same. It is further alleged that when the complainant again went to the shops on 20th August, 1996, it transpired that the locks of all the three shops had been broken and some other persons had been inducted therein. It has also been alleged in the complaint that since the time of second incident the complainant had been contacting Malhotras(petitioners) and every time they have been promising to look into the matter and finalise the same and that they used to say that since the deciding authority was not available, no decision could, therefore, be taken. This is also the case of the complainant that the petitioners A.K.Malhotra and L.K.Malhotra of Cosmopolitan Hotels Limited were party to a criminal conspiracy, pursuant to which the shops in question continue to be possessed by unauthorized persons.

(3.) The scope of exercise of power under Section 482 Cr. P.C. and the categories of cases where the High Court may exercise power under it, relating to cognizable offences, to prevent abuse of process of any court or otherwise to secure the ends of justice were set out in "State of Haryana v. Bhajan Lal" , AIR 1992 SC 604. The illustrative categories indicated by the Hon'ble Supreme Court are as follows: