Punjab-Haryana High Court
Ms.Naveender P.K.Singh vs Ut Chandigarh And Another on 13 July, 2012
Author: Sabina
Bench: Sabina
CRM-M No. 33263 of 2008 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Misc. M No. 33263 of 2008
Date of Decision: July 13, 2012
Ms.Naveender P.K.Singh ...........Petitioner
Versus
UT Chandigarh and another ..........Respondents
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.Vikram Chaudhary,Advocate for the petitioner.
Mr.Kulbir Dalal, Advocate for
Mr.Hemant Bassi, Advocate for UT Chandigarh.
None for respondent No.2
Sabina, J.
Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No. 362 dated 5.8.2008 registered under Sections 447/448/481/427/430 of the Indian Penal Code (`IPC' for short) at Police Station Mani Majra, Chandigarh.
The case of the complainant, as per FIR, was that he had let out two bed rooms, drawing room, dining room, kitchen and one bath room at ground floor of his house to Surinder Kaur. Complainant herself was using one bath room and one bed room. He has filed a civil suit against Surinder Kaur for vacation of the CRM-M No. 33263 of 2008 2 premises. Surinder Kaur desired to vacate the premises but her daughter Naveender P.K.Singh failed to vacate the same and was in unauthorised occupation of the rented portion. Complainant had come to know that Naveender P.K.Singh had started raising construction on the first floor of the house unauthorisedly. Complainant was posted in Calcutta. Naveender P.K.Singh had also switched off the electric connection of the portion in possession of the complainant. Naveender P.K.Singh had also turned off the water supply to the bath room.
Learned counsel for the petitioner has submitted that the ejectment petition had been filed by the complainant seeking ejectment of Surinder Kaur from the premises in dispute. Now the premises had been vacated by the tenant/petitioner and the premises had been sold by the complainant.
Learned counsel for UT Administration, on the other hand, has opposed the petition.
None has appeared on behalf of respondent No.2 . In the present case, the dispute between the parties was mainly of landlord and tenant. The complainant-landlord had filed ejectment petition against tenant-Surinder Kaur in the year 2006. The said petition was allowed by the Rent Controller in view of the compromise effected between the parties, vide order dated 5.12.2006. In execution proceedings, objection petition was filed by the present petitioner- Naveender P.K.Singh.,Advocate. Ultimately, the matter went up to the Apex Court and vide order dated 26.4.2010, petitioner was granted six months time to vacate the CRM-M No. 33263 of 2008 3 premises. As per the application submitted by the petitioner for pleading additional facts, she had vacated the premises within one month of the order passed by the Apex Court. In these circumstances, since the premises in dispute have already been vacated by the petitioner, it would be just and expedient to quash the criminal proceedings against the petitioner.
Accordingly, this petition is allowed. FIR No. 362 dated 5.8.2008 registered at Police Station Mani Majra Chandigarh under Sections 447/448/481/427/430 IPC and all subsequent proceedings arising therefrom are quashed.
( Sabina ) Judge July 13,2012 arya