RACHNA JAIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicants and learned AGA and have been taken through the record.

(2.) THE instant application under section 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceedings of Case No. 505 of 2012 (M/s S.K.Jain and Co. Vs. Smt. Rachana Jain and another) initiated pursuant to the summoning order dated 9.4.2012 passed by the 4th Additional Chief Judicial Magistrate Meerut whereby the appplicants have been summoned to face the trial for the offence punishable under sections 420/120B IPC Police station Nauchandi District Meerut.

(3.) IT is submitted by the learned counsel for the applicants that there is no essential? ingredients of section 420/120B IPC in the present case. From the bald perusal of the complainant, it transpired that it is a case of breach of trust? which is a dispute in civil nature . The complaint was filed with an oblique motive of harassing the applicants . The opposite party no.2 filed the complaint against the applicants as a counter blast since the applicants have already moved an application against the opposite party no.2 under section 323/504/506/452/392/427 IPC before the Additional Chief Judicial Magistrate Meerut on 30.3.2012? to register the first information report against the opposite party no.2 as he? had entered into agreement with the applicants and used abusive and vituperative languages .They had also entered in the house of the complainant (now applicant) in the presence of his wife,children and the mother and scattered the household goods .