KU REENA Vs. VALLABH DAS

JUDGEMENT

(1.) INVOKING extra -ordinary jurisdiction of this Hon'ble Court under Section 482 of the Code of Criminal Procedure, applicants/accused have filed this petition for quashing the complaint Case No. 100/04 pending in the Court of JMFC, Harda in which cognizance was taken vide order dated 25 -3 -04 for the offences punishable under Sections 323, 294 and 506 of the IPC.

(2.) FACTS leading to the registration of the case pithily narrated as under: - On the report of applicant No. 1 Ku. Reena, Ganesh s/o complainant was prosecuted for offences punishable under Sections 451 and 354, IPC with regard to the incident alleged to have occurred on 24 -2 -2000. Thereafter respondent Vallabh Das filed a private complaint for offence punishable under Section 506, IPC against the applicants as well as Smt. Chandra Kanta, mother of applicant No. 1 and one Satendra Thakur in the Court of JMFC, Harda on 28 -1 -04, which was registered as Criminal Case No. 354/03. In this Criminal Case No. 354/03, on 10 -7 -03; complainant filed an application narrating an incident occurred on 15 -5 -03. Thereafter complainant filed a complaint on 4 -3 -04 against the applicants regarding the incident which occurred on 15 -5 -03 which was also described in his application filed in Criminal Case No. 354/03. This complaint filed on 4 -3 -2004 was registered as Criminal Case No. 100/04.

(3.) I have heard Shri Imtiyaz Hussain, learned Counsel for the applicant and Shri Kamal Singh Rajpoot, learned Counsel for the complain - ant/respondent.