LAWS(P&H)-2013-9-875

PARVEEN KUMAR AND OTHERS Vs. SURINDER SINGH

Decided On September 24, 2013
Parveen Kumar and others Appellant
V/S
SURINDER SINGH Respondents

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure (in short, 'the Code') has been filed seeking quashing of complaint No. RT-162/28.05.2005/09.06.2005/25.11.11 titled Surinder Singh v. Radhey Shayam and others (Annexure P1) and summoning order dated 05.12.2011 (Annexure P4) under sections 465, 467, 468, 471, 34 of Indian Penal Code and proceedings emanating therefrom pending in the Court of Judicial Magistrate Ist Class at Moga.

(2.) The brief facts, need to be noticed for disposal of the present petition are that Surinder Singh (respondent herein) is a tenant in the shop owned by late Shri Radhey Shayam. The respondent statedly agreed to enhance rent @ Rs.2500/- per month and an agreement dated 05.04.2003 was entered into between Radhey Shayam and the respondent. Radhey Shayam filed a petition seeking ejectment of the respondent on the ground of non-payment of rent. It is alleged that as a counter-blast, the respondent filed criminal complaint on the premise that agreement dated 05.04.2003 is a forged document. The learned trial Court, after recording preliminary evidence, issued process summoning the petitioners to face trial for the aforesaid offences.

(3.) Counsel for the petitioners would argue that the criminal proceedings initiated by the respondent are nothing, but an abuse and misuse of the process of law and liable to be quashed. To substantiate his contention, it is argued that the criminal complaint was transferred to the Court, wherein the rent petition filed by Radhey Shayam was pending in view of clear understanding given by counsel for the respondent that the complaint case be tried with the rent petition and will be pressed after decision of the rent petition. It is submitted that the complainant pursued the proceedings in the complaint case even before the decision of the rent petition in complete violation of statement suffered before the Court of Chief Judicial Magistrate, Moga while getting the proceedings of the complaint case transferred to the Court, wherein the rent petition filed by Radhey Shayam, was pending.