S. Muralidhar, J.

1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenges an order dated 6th September 2008 passed by the learned Metropolitan Magistrate (MM), Rohini Courts, Delhi in Criminal Complaint Case No. 2070 of 2007 titled Subhash Chander v. Guranditta Mal and Ors. whereby the petitioners have been summoned for the offence under Section 302/34 IPC.

2. The background to the present case is that one Nand Lal, the father of Respondent No. 2 Subhash Chander, gave on rent a shop on the ground floor of the premises at C-8, Arya Samaj Road, Adarsh Nagar, New Delhi to late Mangha Ram, the father of Petitioner No. 1 and the grandfather of Petitioners 2 and 3. The petitioners claim that after the death of Mangha Ram, the father of Respondent No. 2 was treating the petitioners as tenants in relation to the shop in question. In 1990, however, the father of Respondent No. 2 instituted proceedings to evict the petitioners. The eviction petition was dismissed and the dismissal was affirmed by the appellate authority. It is stated that the further appeal against the said order is pending in this Court.

3. In 2000, Petitioner No. 1 filed an appl