Decided on May 19,2012

Smt. Rama Goel And Others Appellant
State of Uttarakhand and another Respondents


Servesh Kumar Gupta, J. - (1.) BY means of this petition, the prayer has been made to quash the proceedings of Criminal Complaint Case No. 378/2006, Smt. Harshbala Uniyal v. Smt. Rama Goel & 2 Others, as well as the order of cognizance dated 15.9.2006 passed by the Special Judicial Magistrate, Tehri Garhwal in the said case. At the outset, it is pertinent to mention that Smt. Harshbala Uniyal, private respondent no. 2, has been served sufficiently, but none has turned up on her behalf neither she has taken any pain to file the counter affidavit. So, this Court extended hearing to learned Counsel for the applicants and learned Brief Holder for the State.
(2.) IT transpires that complainant Smt. Harshbala Uniyal is the next -door neighbour of applicants petitioners. Applicants no. 1 & 2 are wife -husband and applicant no. 3 is their son. Smt. Harshbala Uniyal launched the Criminal Complaint Case No. 378/2006 against the applicants with the averments that she enjoys some empty space, which is adjacent to her house. She has also raised a boundary wall and covered that empty space. But the accused applicants want to grab the said empty space. So, they have inculcated enmity against the complainant. It has also been averred that prior to filing the present complaint, she had filed another against these applicants, but the said complaint case ended into compromise when the applicants tendered an undertaking before the court restraining themselves from any intimidation or abuse towards the complainant Smt. Harshbala Uniyal. In that compromise, all the applicants also undertook not to create any disturbance in that empty place which is surrounded by four walls including a boundary gate. Smt. Harshbala Uniyal has also averred that on 28.8.2006 at about 8 am, applicants Smt. Rama Goel and Mahendra Goel entered into the courtyard of her house and destroyed the flowers, herbs and other plants situated there. When the complainant intervened, both the applicants assaulted and abused her. She has further averred that ten days before this incident, accused applicant no. 3 Varun Goel had also entered her house and thereafter abused and threatened to kill her.
(3.) AFTER filing the aforesaid complaint, Smt. Harshbala Uniyal examined herself under Section 200 CrPC on 30.8.2006. Under Section 202 CrPC, two witnesses were examined on her behalf, namely, Smt. Kusum on 30.8.2006 and Mr. Suman Painuly on 4.9.2006. The learned Magistrate, relying on the statements of complainant and her witnesses, passed the impugned order of cognizance dated 15.9.2006 and summoned the accused applicants to stand trial for the offences punishable under Section 427, 504 & 506 IPC, where against the accused applicants have come up before this Court.;

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