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Judgment
Heard.
By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure) the Petitioners have sought quashing of the proceedings of Criminal Case No. 311 of 2008, Bhagwati Prasad v. Vijay Sharma, relating to offences punishable u/s 448, 379 IPC, pending in the court of Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Haridwar.
Learned Counsel for the Petitioners submitted that it is grave abuse of process of law on the part of the complainant (Respondent) to implicate the Petitioners in the criminal case. It is pointed out that the Respondent Bhagwati Prasad was tenant, and the Petitioner Vijay Sharma was landlord of the house. It is further submitted that the Respondent filed a civil suit for injunction but he could not get any relief from the Civil Court. He (Respondent) also filed an application u/s 30 of U.P. Urban Buildings (Regulation of Letting Land and Eviction) Act, 1972, which was also dismissed. It is argued that impugned criminal proceedings are filed to harass the petition by the tenant after losing battle on the civil side.
Having considered submissions of learned Counsel for the Petitioners and after going through the papers on record filed with the affidavit and counter affidavit, this Court is of the view that in the above circumstances the impugned proceedings are liable to the quashed.
Therefore, the petition u/s 482 of Code of Criminal Procedure, is allowed. Proceedings of Criminal Case No. 311 of 2008, Bhagwati Prasad v. Vijay Sharma, relating to offences punishable u/s 448, 379 IPC, pending in the court of Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Haridwar, are hereby quashed.