Umesh Chandra Srivastava, J. - (1.) Applicant-Mohit Sahney and Smt. Pulkit Sahney are before this Court seeking quashing of proceedings of Complaint Case No. 4212 of 2013 (Vishal Kochhad Vs. Pulkit Sahney and others), under Section 406 IPC, P.S. Sector-20, District Gautam Budh Nagar, pending in the court of Additional Chief Judicial Magistrate, IIIrd, Gautam Budh Nagar.
(2.) Heard Sri Rajesh Pathak, learned counsel for applicants, Gaurav Pundir, learned counsel for opposite party no. 2, learned A.G.A. for State and perused the record.
(3.) Learned counsel for applicants submitted that order dated 03.4.2014 passed by learned Magistrate in complaint case no. 4212 of 2013 suffers from illegality as he has failed to apply his mind while passing the order. He submitted that to constitute the offence of criminal breach of trust, entrustment or dominion over property said to be misappropriated or converted to own use is must, and since no property was ever entrusted or put under dominion of applicants, no offence under Section 406 IPC can be said to be made out against them. Applicant no. 1 had no concern with locker in any manner and, so far as applicant no. 2 is concerned, locker being in joint name of her and her husband, she operated the same in her own right and took the jewelleries kept therein which were her own, and not belonging to opposite party no. 2. Applicants are being maliciously prosecuted on account of matrimonial dispute of applicant no. 2 with her husband, opposite party no. 2.;