(1.) This petition under Section 482 Cr.P.C. read with Article 227 of the Constitution seeks quashing of order dated 12.8.2016 whereby the learned Magistrate has taken cognizance of the offence under Section 420 IPC pursuant to the criminal complaint made by the respondent to this effect.
(2.) The brief facts of the case are that in the complaint filed by the respondent, it was alleged that being a nonagriculturist, he after seeking permission from the Government had purchased immoveable property comprised in Khasra Nos. 378, 379, 380 and 381, Kitas 4 at Mauza Kasumpti, Shimla-9 measuring 1926 sq.ft. on 12.09.2002 for a consideration of Rs.5,50,000/- (hereinafter referred to as the 'property').
(3.) However, the complainant was shocked to receive summons from the Court of learned Senior Sub Judge of the application dated 07.08.2003 filed for execution of a compromise decree. This execution had been filed at the instance of one Smt. Uma Devi and others against the complainant and the petitioner. It was then that after conducting inquiry, it transpired that the property was not free from all encumbrances as alleged. In fact, the petitioner had filed a suit for possession of the premises comprised in Khasra No. 379 against Smt. Uma Devi and her children, who were residing in the same as tenants (hereinafter referred to as 'tenants'). The suit was compromised in terms whereof the tenants were to hand over the vacant and peaceful possession of the premises to the petitioner in question on or before 30.6.1995 and also to pay the admitted arrears of rent amounting to Rs.7650/-, out of which Rs.300/- were to be paid on or before 31.1.1995 to the petitioner and the remaining amount alongwith the rent from 1.1.1995 was to be paid till the premises is vacated on or before 31.12.1995. The petitioner was to let out these premises to the tenants after its re-construction within a period of one year from the date of handing over of its vacant possession by the tenants to her. As the premises had not been delivered to the tenants, they accordingly filed execution petition on 15.9.1997.