MANJU CONSUL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of present application, moved under Section 482 of Cr.P.C., applicants seek to quash the impugned charge sheet dated 11.08.2017, summoning order dated 13.09.2017 and the entire proceedings of Criminal Case No.9485 of 2017 (Case Crime No.220/2017), under Sections 420, 323, 504, 506 IPC, registered at P.S. Jwalapur, District-Haridwar pending before the Chief Judicial Magistrate Haridwar and to stay further proceedings of the above case during the pendency of the present criminal misc. application in terms of compromise arrived between the parties.

(2.) After perusal of the FIR, it would reveal respondent no.2, lodged an FIR on 21.04.2017 at PS Jawalapur, District Haridwar with the allegations that by means of a registered rent deed dated 13.04.2015, the complainant became tenant of a shop which the applicant no.1 is owner and the said tenancy was for five years and complainant gave Rs.45000/- by cheque to applicant as security and it is further alleged that applicant no.1 got received rent of 5 months amounting to Rs.75000/- which was given by cheque in the name of applicant no.2 and on 01.05.2016 the applicant no.1 gave possession of said shop to the complainant after which the complainant started modification work for his electric show room and as per the rent deed also got made the way for first floor and started his business. It is alleged that on 05.06.2016 applicant no.2 and others abused the complainant and his employee in the said shop and snatched the keys of the shop and when complainant came there applicant no.2 and others misbehaved with him and abused him regarding which the complainant gave a tehrir dated 05.06.2016 to PS Jwalapur and on 07.06.2016 moved complaint before SSP. It is further alleged in FIR that on 07.06.2016 applicants came to the shop along with some goons and started to threaten him for evicting the shop. It is further alleged that complainant had gone to Delhi for his business purpose and when he returned on 04.11.2016 he saw that the applicants had blocked the door which was made for entering in the shop and also broken the locks of the shop and taken away the articles lying in the shop of worth Rs.1.5 to 2 lacs and when complainant protested the applicants abused and threatened the complainant of which complainant moved a complaint before City Magistrate and SSP Haridwar on 04.11.2016 but no action was taken. On 20.04.2017 when the complainant was going towards Jwalapur Haridwar the applicants abused and threatened him.

(3.) The parties have filed Compounding Application (CRMA No.1961 of 2019) to show that the parties have buried their differences and have settled their disputes amicably.