ADARSH KUMAR GOEL - (1.) The FIR, which is sought to be quashed, is Annexure P-17 to the effect that the complainant, constable Janak Raj, was posted at the residence of the Superintendent of police, who was tenant of the petitioners.
(2.) On 3.5.1999 at 6.30 P.M., a Maruti Car No.PB-11B/0233 stopped and one lady and one gentleman alighted from the car and entered the house, though the complainant, who was guard, tried to stop them. They also assaulted the said constable and also stated that they will get their house vacated on the same day. On his statement, FIR No.68 dated 3.5.1999, under sections 452/ 353/332/186/34 IPC was registered.
(3.) On 1.2.2006, the following order was passed:- "This petition has been filed for quashing. Framing of charge has been stayed. Respondent No.2, SP, Mohali, was tenant of the petitioners. The petitioners were seeking eviction of the house. They had filed a writ petition in this court being CWP No.17365 of 1999. On 3.5.1999, FIR was lodged alleging that the petitioners tried to forcibly evict respondent No.2. This petition has been filed for quashing stating that the FIR was lodged as a pressure tactics to avoid eviction. It is stated that the petitioners had written several letters to authorities and to avoid eviction, FIR was lodged. It is further pointed out that vide order dated 17.7.2000, passed in the writ petition, a statement was made that the house will be vacated and the house was finally vacated and thus, it will be futile to continue prosecution of the petitioners. At this stage, counsel for the State seeks time to take instructions whether the State will like to continue with the prosecution. List again on 22.2.2006.";