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2025 Supreme(HP) 737

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Harpreet Singh – Appellant
Versus
Kavita Chaudhary – Respondent


Advocates Appeared:
For the Petitioners: Mr. Y.P. Sood.
For the Respondent: Mr. Manoj Pathak.

JUDGMENT :

Rakesh Kainthla, J.

The petitioners have filed the present petition for quashing of proceedings pending before learned Judicial Magistrate First Class-IV, Shimla, in a case titled Kavita Chaudhary Vs. Harpreet Singh. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present petition are that the complainant made a complaint to Hon’ble the Chief Justice of this Court asserting that she is a resident of Dimple Cottage, Chotta Shimla-2, H.P. Her husband had taken Dimple Cottage on lease through Lease Deed dated 24.5.2010. Physical possession of the Cottage was handed over to her husband on 1.6.2010. Gurpreet Singh is the Special Power of Attorney of Harpreet Singh. He was dealing with the property on behalf of Harpreet Singh. The complainant’s husband remained in possession since 24.5.2010. He carried out the necessary repairs in the building. Gurpreet Singh and Harpreet Singh started interfering with the enjoyment of the property. The complainant’s husband filed a civil suit, which was compromised on 26.3.2011. The defendant undertook not to int

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