- (1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure praying that the proceedings arising out of Lake Police Station Case No. 122 dated 6th May, 2008 under Sections 448/511/114, IPC be quashed.
(2.) Sri Tapan Dutta Gupta appearing for the petitioners has sought quashing of the FIR on the ground that as per the interim order passed by this Court in a Civil Suit, petitioners are in possession of the premises, therefore, no offence of trespass is made out. Briefly stated, the de facto complainant stated that she was a resident of the Dubai and was owner of the property at Kolkata. She made a grievance that the locks of the two mezzanine floors and the garage of the building were changed. She has asserted her possession over the property Of which locks were changed. It was further stated by her that accused forcibly trespassed and had put their goods in the house in possession of complainant.
(3.) Counsel for the petitioners stated that annexure "B' is a Memorandum of Understanding executed between the de facto complainant and the accused and by virtue of Memorandum of Understanding petitioners have come in possession of the premises. Hence, allegations leveled by the de facto complainant are false.;