5. When the aforesaid factual scenario existed, third respondent filed an Application No.41 of 2018 under Section 156(3) of Cr.P.C. alleging that appellant along with Respondent Nos.4 to 7 had forcibly entered his house and with an intention to kill the complainant and his father assaulted them with knife on the head of the applicant when they refused to heed to their demands of shifting to Delhi after selling the village land and house. On the basis of the said complaint made before the Chief Judicial Magistrate-I, Gautam Budh Nagar, a report was called for from 2nd respondent, resulting in a report being submitted on 11.03.2018 opining that accused persons including the appellant never visited the house of the complainant and said incident as alleged by the complainant had not occurred. However, the Learned Magistrate by Order dated 03.05.2018, ordered for registration of FIR and as such FIR in Case Crime No.55 of 2018 for the offences noted hereinabove came to be registered against appellant and others by the second respondent. Hence, a petition for quashing of the said FIR came to be filed and same having been dismissed present appeal has been filed.
