- (1.) Heard Sri K.P. Verma for the applicant, Sri S.S. Nigam for the opposite party No. 2 and learned AGA.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing of Complaint Case No. 1957 2004, under Section 630 of Indian Companies Act (hereinafter, the Act), PS Modi Nagar, District Ghaziabad, pending in the court of Spl. CJM, Meerut.
(3.) The allegations in the complaint and the summoning order dated 29.2.2004 were that the complainant-company had provided an accommodation to Rafiq, husband of applicant No. 1 and father of applicant No. 2, who was an employee with the company. However, he died in the course of employment and under the terms of the employment he was to enjoy the facility of the accommodation only till the time he remained in the job and after his employment with the company, he was to vacate the same. Rafiq, the deceased, had even resigned from the company on 10.10.2000, which was made effective from 12.11.2000. However, he did not hand over the possession of the accommodation to the company and died on 23.1.2003. Thereafter, the applicants, his wife and son, did not vacate the accommodation. On 16.11.2004 they were served with a notice to vacate the same but still they did not vacate the premises. The complaint was, therefore, filed for prosecuting the applicants for not vacating the premises and realising rent at the rate of Rs. 3000/- per month.;