I have filed a private complaint against my owner who has obtained a judgement /decree against me exparte as regarding recovery of rent arrears which he is not due for.
I have the entire rent paid receipts.Based on the private complaint ...Magistrate ordered for police investigation .In the meanwhile , my owner approached has High court and has filed Criminal petition for quashing the FIR under sec 482 CrPC and the order issued by the Magistrate to the Police to investigate.Further he has also asked to close the entire proceedings in the private complaint.
I have acknowledgment of the letter containing all the rent recieved receipts issued by the landlord -submitted to the SHO during investigation .
SHO has filed " B summary Final Report.".The Court has ordered to issue notice to me in this regard.
I have already filed case seeking restoration of the OS wherein the landlord has obtain exparte decree for recovery of rent from me. Miscellaneous Case is pending (This is not the concern for me as of now).
Kindly enlighten me regarding the
1.Quashing of FIR filed by the owner
2.Can he get the Private complaint closed al together against him inspite of him having obtained an order from the Court against me by playing fraud and misrepresentation , when I have all the proofs against him.
3.What can I do about the B Summary Report filed by the Police in the Court.
3.What remedy I have regarding this case.
1. Quashing of FIR under Section 482 of CrPC can be considered by the High Court if it finds the FIR to be an abuse of the process of law or lacks legal merit. The court assesses whether the dispute is primarily of a civil nature or if it involves a criminal offense.
2. Closure of the private complaint depends on the evidence presented. If you have substantial evidence contradicting the landlord's claims, the court might not close the complaint. Proofs like rent receipts can be crucial in establishing your case.
3. The 'B Summary Report' filed by the police indicates insufficient evidence to proceed with the case. You can contest this report by providing additional evidence or filing a protest petition to challenge the report's findings.
4. For remedies, continue pursuing your case seeking restoration of the original suit and presenting all relevant evidence to support your claims.
