JUDGMENT

Vinod S. Bhardwaj, J. - This common order shall dispose of the above said two miscellaneous petitions that have been filed by the petitioner Ram Bhul Singh. CRM-M-34678-2019 seeks quashing of FIR No. 331 dated 19.08.2019 (Annexue P-10) registered under Sections 420, 465, 468, 471 and 120-B of the Indian Penal Code, 1860 at Police Station Rai, Disrict Sonepat and all other subsequent proceedings arising there from.

2. The CRM-M-25541 of 2020 on the other hand seeks quashing of FIR No. 227 dated 07.06.2019 registered under Sections 323, 452 and 427 of the Indian Penal Code at Police Station Rai, District Sonepat and all consequential proceedings arising therefrom.

FACTS OF THE CASE

3. Since the CRM-M-25541 of 2020 relates to the FIR that was registered prior the point of time i.e. 07.06.2019, hence, the facts of the said case are being summarized in brief as under:-

'The above said FIR was registered on the complaint of Varun Goyal S/o Pardeep Goyal (Complainant-respondent in CRM- M-34678-2019) wherein it was alleged that he possesses 05 acres of land on the main road at Rai out of which 20,000 square feet of land and ground floor has been rented. The original lease agreement dated 31.01.2019 was registered at Rai and that Guards had been hired for safety of land. However, on 06.06.2019, the guard namely Sonu informed that the owner of Golden Hut Restaurant (namely Ram Bhul the petitioner herein) had forcibly entered the land and uprooted the trees by JCB which is outside the boundary of rented premises. It is alleged that on reaching the spot it was noticed that the trees and plants that were around 25 years old had been cut without permission and even the Guard had been given beating resulting in registration of the FIR.

4. In so far as the allegation in CRM-M-34678 of 2019 is concerned, it is alleged therein that the complainant Pardeep Goyal is a Secretary of Ganga Devi Educational and Welfare Society which owns land measuring 05 acres and that the complainant had built a Dhabha on some portion of the same and had given the land measuring 17500 square feet on the ground floor to the petitioner on lease for 11 years vide lease No. 6241 dated 28.01.2019 on the condition that the petitioner-accused had to deposit Rupees thirty lakhs as security and Rupees six lakhs towards monthly rent to be increased by 5 per cent every year. The lease in question was to commence on 01.06.2019. It is alleged that as per lease deed, the petitioner- accused did not have any right to the basement and terrace of the building but he could raise temporary construction. It is also alleged that in the month of March, 2019 the petitioner-accused requested the respondent-complainant about modification in the conditions enumerated in the lease deed to the effect that the respondent No.2-complainant cannot cancel the lease deed before the expiry of 11 years to which the complainant agreed and a supplementary lease deed vide lease deed No. 7172 dated 14.03.2019 was executed. As per the said addendum, it was settled that if the petitioner- accused continued to pay the rent regularly, he shall not be evicted from the said premises for the period of 11 years and that he may choose to vacate the premises after that. It is alleged that on the night of 06.06.2019 at around 12 A.M., the petitioner forcefully entered the premises after beating the Guard and breaking of the Iron Gate of the Farm, demolished the boundary wall and cut 25-30 trees of the Farm whereupon son of the complainant rushed to the spot and informed the police. A complainant was given in writing and the Police officials assured to take action thereupon. It is alleged that Police officials connived with the petitioner and set them free whereupon the petitioner again reached at the Farm. FIR No. 227 dated 07.06.2019 was registered under Sections 323, 427, 452 of the IPC at Police Station Rai, District Sonipat against the petitioner. It is alleged that during investigation, the petitioner prese