GANESH DATTA Vs. RAJESH KUMAR SHARMA

JUDGEMENT

(1.) THE dispute is between landlord and tenant. Respondent No.2 who is an Advocate practising in District Courts, Chandigarh was tenant under the petitioner. Petitioner filed an ejectment petition against respondent No.2 and on 15.9.1995 respondent No.2 made a statement before the Rent Controller that he would hand over the vacant possession of demised premises to the petitioner by 31st October, 1995. Petitioner too gave statement that nothing is due from respondent No -2 qua rent upto 31.10.1995, and further gave statement for withdrawing the petition. The Rent Controller, in view of statements of parties, dismissed the petition as withdrawn. There were two other matters between petitioner and respondent No.2 (i) a criminal complaint filed by petitioner against respondent No.2 under Section 420 read with Sections 415, 417 I.P C. alleging that respondent No.2 had cheated the petitioner by giving false information while taking the house on rent, i.e. he disclosed himself to be an employee in same concern and getting Rs. 5,500/ - as salary. Respondent No.2 had also filed complaint against the petitioner under Section 342/347 I.P.C. alleging that petitioner had locked him in room and prevented him from going in Court to file written statement in the proceedings pending between Chin them before the Rent -Controller. Today, petitioner and respondent No. 2 ar present in Court. They have stated that they have settled the dispute between themselves and as per his statement respondent No. 2 has also delivered vacant possession of the premises to the petitioner. Both petitioner and respondent No. 2 have stated that they are no more interested in proceeding with their respective complaint and therefore, the same be ordered to be quashed.

(2.) HAVING regard to the fact that the petitioner is an old man of 83 years and respondent No. 2 is an Advocate practising at District Courts, Chandigarh and both have settled their dispute and being not interested in proceedings with their respective complaint. I am of the view that no useful purpose would be served if the criminal proceedings pending against both of them are allowed to continue. Accordingly, the two complaints filed by petitioner and respondent No. 2 against each other, pending in the Court of Ilaqa Magistrate, Chandigarh shall stand quashed.

(3.) PETITION stands disposed of accordingly. .