JUDGEMENT
-
(1.) Tersely, the facts & material, culminating in the
commencement, relevant for deciding the instant petition and emanating
from the record, are that the initially, complainant Nidhi alias Sarika
respondent (for brevity "the complainant") filed a private criminal
complaint (Annexure P1) against Rajiv Sharma (husband), Shashi Pal
Sharma (father-in-law), Bali, aunt (Chachi) of husband and her daughter
Deepika & son Bunty, for the commission of offences punishable under
sections 405, 406 and 498-A read with section 420 IPC in the Court of
JMIC Amritsar. The indicated complaint was dismissed in default for
want of prosecution, by virtue of order dated 12.8.2005 (Annexure P2).
The application for its restoration was dismissed as withdrawn as well, on
the statement of the complainant, by means of order dated 17.11.2005
(Annexure P3).
(2.) Not only that, the petitioner again filed a private criminal
complaint (Annexure P4), in which, the accused were summoned to face
the trial under sections 406 and 498-A IPC by the trial Magistrate, vide
impugned summoning order dated 2.8.2006 (Annexure P5).
(3.) Aggrieved thereby, petitioner Pooja, married sister-in-law of
complainant, has preferred the present petition to quash the impugned
complaint (Annexure P4) and summoning order (Annexure P5), invoking
the provisions of section 482 Cr. PC, inter-alia pleading that the 2nd complaint filed by the complainant was not maintainable, in which, she
was wrongly summoned without any cogent reasons. She has been falsely
implicated. The very vague and general allegations are alleged against
her. It was claimed that Smt. Bali aunt (Chachi) of husband of
complainant and her children, who were also summoned along with the
petitioner under similar circumstances, filed a petition for quashing the
impugned complaint, which was accepted by this Court, by virtue of
order dated 19.8.2008 (Annexure P6) passed in CRM No. M-77271-M
2006 titled as "Archana Sharma @ Bali & Ors. Vs. Nidhi alias Sarika". In
all, the petitioner claimed that since she has been falsely implicated, so,
the impugned complaint and summoning order qua her are also liable to
be quashed in this relevant connection. On the strength of aforesaid
grounds, the petitioner sought to quash the impugned complaint and
summoning order in the manner depicted here-in-above.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.