Decided on October 22,2013

Devendra Singh and others Appellant
State of Uttarakhand and another Respondents


- (1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 27.01.2010, as well as the entire proceedings of criminal case no. 05 of 2010, captioned as Mohini Devi vs Devendra Singh and others, pending before the court of learned Chief Judicial Magistrate, Almora.
(2.) Applicant Devendra Singh filed a criminal complaint case against Narendra Singh and Smt. Mohini Devi in the court of Chief Judicial Magistrate, Almora for the offences punishable under Sections 323, 324, 504, 506, 392 of IPC. According to Devendra Singh, the incident took place on 24.02.2009, at 06:15 P.M., near Sun temple. Such complaint was filed by Devendra Singh on 10.06.2009. Devendra Singh wrote in his complaint that Narendra Singh and Mohini Devi hurled abuses at him and his son. Narendra Singh was armed with stick. Mohini Devi was carrying sickle in her hand. Both of them assaulted Devendra Singh with kicks and fists, as a consequence of which, Devendra Singh sustained injuries. Smt. Mohini Devi wanted to inflict blow of sickle upon complainant Devendra Singh, but she could not do so, in as much as, son of the complainant snatched sickle from her and threw it away. Complainant Devendra Singh gave a report to Tehsildar, Almora. Complainant also got his injuries examined by the Medical Officer at District Hospital, Almora. Narendra Singh and Mohini Devi faced the trial. Certified copy of the judgment dated 06.11.2012, rendered by learned Chief Judicial Magistrate, Almora in criminal case no. 397 of 2009, is placed before this Court to show that Narendra Singh and Smt. Mohini Devi were convicted under Section 323 of IPC and were directed to pay a fine of Rs. 1,000/- each. The prosecution version as forwarded by Devendra Singh was, therefore, proved and affirmed by learned Chief Judicial Magistrate.
(3.) As a counterblast, present respondent no. 2 filed a criminal complaint case against present applicants for the offences punishable under Sections 323, 352, 354, 504, 506, 427, 448 of IPC. The incident allegedly took place on the same day i.e. 24.02.2009, at 06:00 P.M. The said complaint was filed by Smt. Mohini Devi on 12.01.2010.;

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