Decided on September 24,2013

Madhuri Devi And Others Appellant
State of Uttarakhand and another Respondents


- (1.) Present petition is filed for quashing of the chargesheet dated 04.02.2012 and consequential cognizance / summoning order dated 09.07.2012, passed by Additional Chief Judicial Magistrate Roorkee, District Haridwar in Criminal Case No. 1120 of 2012, State Vs. Vivekanand Shastri and others, under Sections 447, 448 and 457 I.P.C., Police Station Kotwali Roorkee, District Haridwar, pursuant to mutual settlement between the accused persons and informant.
(2.) Brief facts of the present case inter alia are that respondent No. 2 herein lodged F.I.R. with Police Station Kotwali Roorkee, Distrit Haridwar on 15.12.2011 inter alia stating therein that petitioner Nos.1 and 2 approached M/s India Bulls Housing Finance Limited in the year 2008 and applied for home loan; petitioner Nos. 1 and 2 mortgaged their house being House No. 193 (Old No.18/20A), Khasra No. 511, Adarshnagar, Malakpura Latikpur, Tehsil Roorkee, District Hariwar; having adjusted processing fee and expenses, Rs. 14,50,000/- were paid to the petitioners; after some time, petitioner Nos. 1 and 2 borrowers intentionally stopped making payment of the installment towards repayment of the loan; official of the Finance Company visited petitioners for repayment of the loan amount, however, they were turned back; M/s India Bulls Housing Finance Ltd. moved an application before the District Magistrate to obtain the possession under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; under the order of the District Magistrate, Naib Tehsildar handed over possession of the mortgaged house to the Financial Company on 21.12.2011; on 23.12.2011 at about 11:45 a.m., petitioners came on the spot and overpowered caretaker of the Company, namely, Anil Kumar at knife point; mobile phone of the caretaker (Chowkidar) was snatched and broken; thereafter petitioners entered into the house by breaking the lock; chowkidar Anil Kumar was assaulted and was taken away from the spot; having come to know about the incident, official of the financial company requested the petitioners to return back the possession, however, petitioners misbehaved with them; consequently, F.I.R. was lodged.
(3.) Investigating Officer submitted a chargesheet against the petitioners under Sections 447, 448 and 457 I.P.C. whereupon learned Magistrate was pleased to take cognizance vide order dated 09.07.2012 impugned in the present petition.;

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