Decided on May 07,2013

Mohinder Singh and Others Appellant
State of Uttarakhand and others Respondents


- (1.) By way of present application / petition, moved under Section 482 of Cr.P.C., the applicants seek to quash the proceedings of criminal case no. 2536 of 2008, State vs Mohinder Singh, arising out of case crime no. 115 of 2008, under Sections 323, 504, 506 of IPC registered with police station Kotwali Dehradun, District Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun.
(2.) An FIR was lodged by the injured Smt. Sushila Singh w/o Parvinder Singh against accused persons namely, Mohinder Singh, Rajender Kaur, Sonia and Monia on 01.04.2008 in respect of offences punishable under Sections 498A, 323, 504 and 506 of IPC. After investigation, chargesheet was submitted against accused Mohinder Singh, Rajender Kaur and Sonia in respect of offences punishable under Sections 323, 504, 506 of IPC. Monia was exonerated, in as much as no chargesheet was submitted against her. Although the allegations against the accused persons were in respect of offence punishable under Section 498A of IPC also, but no chargesheet was submitted against the accused persons in respect of that offence. The allegation against accused persons was that on 31.03.2008, at 06:00 P.M., when the informant went to meet her husband in his shop, she found that her husband was not there but one family friend Sanjay Thapa was present in the shop. Informant's brother-in-law Mohinder Singh and sister-in-law Rajender Kaur, on seeing the informant, hurled abuses at her. Sonia and Monia, daughters of Mohinder Singh also came in the shop and started assaulting the informant. Mohinder Singh, Rajender Kaur, Sonia and Monia assaulted informant Sushila Singh with sticks etc. Sanjay Thapa tried to save the informant. Accused persons fled away from the shop after threatening her with dire consequences.
(3.) Smt. Sushila Singh was examined by the Emergency Medical Officer at Doon Hospital, Dehradun on 31.03.2008, at 06:50 P.M. Traumatic swelling on front of head in the central region, red scratches on right side neck, 5 cm above clavicle were found on the person of Sushila Singh. The Medical Officer, who attended on the injured, opined that the injuries were caused by hard and blunt object, the duration of which was fresh. The nature of injuries was simple.;

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