- (1.) Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint dated 18.8.2003 (Annexure P-1) titled 'Smt.Chint Kaur vs. Sukhdev Singh and others' under Sections 323, 341, 352, 452, 506, 148, 149 of the Indian Penal Code, 1860 (IPC for short) and Section 25 of the Arms Act, 1959 (the Act for short) as well as summoning order dated 10.1.2005 (Annexure P-2) under Sections 452, 341, 506, 149 IPC and all the subsequent proceedings arising therefrom. Contents of the complaint (Annexure P-1) read as under:- (i) That the husband of the complainant Late Surinder was working as a Safai Sewak in Anatomy Department of Medical College, Amritsar, who expired on 26.2.2003. (2) That husband of the complainant was a feeble minded person and he remained admitted in the Department of Psychiatry SGTB Hospital from 10.2.2001 to 18.4.2001 and thereafter he was treated as an outdoor patient and till the date of his death, he was under treatment regarding the disease of mental depression. (3) That all the accused were the colleagues of the late husband of the complainant and were well aware of the fact that the husband of the complainant was a feeble minded person and he could easily be persuaded to do any kind of act even which was not in his welfare. (4) That all the accused conspired with each other and in order to take the benefit of feeble mindness of the husband of the complainant, hatched a conspiracy and in furtherance of the conspiracy, all the accused persuaded the husband of the complainant to take loans, from the banks. The husband of the complainant could not understand the conspiracy of the accused and they got him obtained loans of Rs. 1,50,000/- from three banks i.e. Rs. 50,000/- on 20.12.2001 from the Bank of India, Court Road, Amritsar, Rs. 60000/- from the State Bank of India Ghala Mahla Chowk Amritsar on 19.10.2002 and Rs. 40000/- from the Cooperative Bank Tarn Taran Road, Amritsar on 5.9.2002. (5) That the accused No.1 stood guarantor to the loan account in the Bank of India and the State Bank of India whereas the accused Nos.1,3, and 4 stood guarantor in the loan account of Co-operative Bank Tarn Taran Road, Amritsar. After disbursement of the loan to the husband of the complainant, all the accused took all the amount of loan from the husband of the complainant under one pretext or another and misappropriated all the money taken from these banks. The husband of the complainant used to request to the accused to return the money taken from these banks so that he could repay the same to the banks. (6) That the accused No.1 deposited some amount in the Bank of India and State Bank of India through different vouchers which are lying with both the banks. The acts and deeds of the accused caused great mental agony and stress to the husband of the complainant and he developed diseases of High Blood Pressure and hyper tension and ultimately he died on 26.2.2003 after suffering from hear attack. The husband of the complainant remained under stress and tension till his death due to the misdeeds of the accused and he died due to conditions created by all the accused. All the accused are responsible for the death of late Sh. Surinder. That this fact got fortified by the fact that even the pass book of these loan accounts remained in the custody of the accused Nos. 5 and 6 and they are still in possession of pass book regarding the loan account relating to the Bank of India. (7) That all the accused after the death of Sh. Surinder started threatening the complainant not to talk about these loan account and relations of the accused with these accounts otherwise they would create hindrance in the way of getting service on compassionate grounds of the complainant in place of her husband and they also threatened the complainant with dire consequences in case she raised her voice against them. (8) That the complainant gave several complaints against the accused to the various competent authorities including the principle of the medical college, health minister of the Punjab and the Police officials of the district. (9) That the accused starting nurturing a grudge against the complainant for giving complaints against them and starting threatening her to compel her to withdraw the said complaints but the complainant refused to withdraw the complaints until the accused pay back the amount of loan misappropriated by them. (10) That on 5.8.2003, at about 9.00 p.m., when the complainant and her son were alone in the house, all the accused forcibly entered into the house of the complainant without knocking at the door or without taking the permission to enter into the house by forcibly opening the door. They straightway went to the room of the complainant, the complainant got frightened to see the accused forcibly entering into her home. She asked the accused to immediately leave the house but the accused started abusing and giving filthy abuses to the complainant. On hearing the voice of the accused coming from the room, son of the complainant Jationder, who was in an adjoining room immediately rushed to the room of the complainant. As soon as he entered into the room, he was caught by the accused No.6 Ashwani Kumar from his hair. The accused No.2, Des Raj took out a revolver from the pocket and kept the same on the temple of Jatinder, son of the complainant. The accused No.1 Sukhdev Singh threatened the complainant that if she did not withdraw the complaints given against them to the higher authorities, only son of her would be kidnapped and eliminated by them. The accused No.5 Pardeep Kumar threatened that if she did no succumb to their demands, her house would be set on fire along with her and her son. The complainant started shouting for help and after hearing the shouts of the complainant, number of persons from the locality rushed to her house. On seeing the people coming into the house, all the accused fled away from the spot threatening the complainant with dire consequences. (11) That after the incident, the complainant approached the police Chowki Vijay Nagar and gave complaint against the accused but no action has been taken so far by the police against the accused, hence, the complainant is compelled to file the present complaint in this Hon'ble Court. It is, therefore, respectfully prayed that keeping in view the above detailed circumstances, the accused may kindly be summoned, tried and punished according to the law."
(2.) None has appeared on behalf of the respondent.
(3.) After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves to be allowed.;