IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 406 of 2008 1. Smt. Harjeet Kaur W/o Jasveer Singh R/o L-125, Harilok Colony, Jawalapur, P.S. Jawalapur, District Haridwar. 2. Jasveer Singh S/o Jeevan Singh 3. Jeevan Singh S/o Charan Singh applicant No. 2 and 3 are R/o Village Joya, District Muradabad (U.P.). ...…………. Petitioners Versus Sher Ali S/o Meer Hasan R/o Village Bahadrabad, P.S. Bahadrabad District Haridwar. ...…………. Respondent Mr. S.K. Shandilya, Advocate for the petitioners. Hon’ble Prafulla C. Pant, J. It is an admitted petition in which the notices have already been served on the respondent personally, but no one has appeared since 2008, nor any counter affidavit has been filed. 2) Heard learned counsel for the petitioners. 3) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 2 referred as Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 1574 of 2008; Sher Ali Vs. Nandan Singh Bisht and others, relating to offences punishable under Section 323, 504, 427, 392, 506 of I.P.C., police station Kotwali Jawalapur, District Hardiwar, pending in the court of Chief Judicial Magistrate, Haridwar. 4) Learned counsel for the petitioner submitted that dispute between the parties was purely of civil nature, as it related to breach of contract of sale of property, in question. It is pleaded on behalf of the petitioners that the impugned criminal complaint is nothing but counter blast to the first information report lodged by petitioner No. 1 on 14.06.2007, and it is an abuse of process of law on the part of the complainant. It is further contended that petitioner No. 2 Jasveer Singh and petitioner No. 3 Jeevan Singh are residents of District Moradabad, and there is no occasion on their part to have committed the offence, as alleged in the criminal complaint. It is pointed out that petitioner No. 3 is aged 75 years. Lastly, it is stated that the actual dispute is between landlord Nandan Singh Bisht and the respondent Sher Ali, and the petitioners have nothing to do with their dispute. 5) The averments made in the petition, supported by affidavit, are not controverted by the respondent Sher Ali (complainant), even after being served personally, as such, this Court has no option but to accept the averments 3 made in the petition. That being so, it is apparent that it is abuse of process of law on the part of complainant Sher Ali to implicate the petitioners, namely Smt. Harjeet Kaur, Jasveer Singh and Jeevan Singh, in a dispute of complainant with Nandan Singh Bisht (who is not party in this petition). 6) Therefore, the petition under Section 482 of Cr.P.C. is allowed. The proceedings of Criminal Complaint Case No. 1574 of 2008, Sher Ali Vs. Nandan Singh Bisht and others, relating to offences punishable under Section 323, 504, 427, 392, 506 of I.P.C., police station Kotwali Jawalapur, District Haridwar, pending in the court of Chief Judicial Magistrate, Haridwar, are quashed to the extent it relates to petitioners, namely Smt. Harjeet Kaur, Jasveer Singh and Jeevan Singh. (Prafulla C. Pant, J.) Dt. March 30, 2010. H. Negi 4