- (1.) Vide this petition filed under Section 482 Cr.P.C., petitioner is seeking issuance of the directions to respondent Nos. 1 to 3, to get the FIR registered against private respondent Nos. 5 to 9, on the basis of the complaint dated 25.10.2010 (Annexure P-3) which allegedly discloses the commission of cognizable offences committed by the aforesaid private respondents.
(2.) In reply filed on behalf of respondent Nos. 1-4, it has been submitted as under :- "At the very outset, it is submitted that the present petition is not maintainable against the answering respondents. As a matter of fact, the petitioner's complaint dated 25.10.2010, made to DGP, Haryana as well as her complaint dated 02.11.2010 made to Superintendent of Police, Karnal were duly enquired into by a Gazetted officer of the rank of Deputy Superintendent of Police, Karnal. During the course of enquiry, it was found that the petitioner and respondent No. 5 were married as per Hindu rites on 08.02.1996 and out of the said wedlock the petitioner is having a son namely Tushar aged about 14 years and a daughter namely Shristi aged about 12 years at that time. It also transpired during the course of enquiry that the in the year 2003, there arose differences between the petitioner and respondent No. 5 Jagdish and the petitioner also filed a complaint against the private respondents including respondent No. 5, upon which case FIR No. 264, dated 25.11.2003, under Sections 498-A, 406, 506 IPC was registered at Police Station Padav, Ambala. Thereafter, the petitioner also filed petition under Section 13 of the Hindu Marriage Act, seeking divorce against the private respondent No.5, which was accepted and she was granted ex parte decree of divorce by the Court of learned Additional District Judge, Ambala, vide judgment and decree dated 03.10.2007. However, as per the consent of both the families the petitioner and respondent No. 5 once again compromised and respondent No. 5 took the petitioner and his children to his house and thereafter they lived together as husband and wife for about 8-9 months, but on 23.11.2010 on account of differences, the respondent No. 5 did not accompany the petitioner to his house. It was further transpired during the enquiry that all the private respondents were also acquitted in the criminal case vide judgment dated 29.10.2010, passed by the Court of Judicial Magistrate 1st Class, Ambala. Accordingly, since the petitioner has legally obtained a divorce from respondent No. 5 and respondent No. 5 and other private respondents have already been acquitted by a competent Court of law, therefore, in the circumstances, it was concluded by the enquiry Officer that no case is made out against the private respondents. That it is also pertinent to mention here that ex parte decree of divorce was obtained by the petitioner when she was simultaneously cohabiting with respondent No. 5 as such the petitioner has played a fraud and cheating with the Court of Shri L.N. Jindal, the then Additional District Judge, Ambala, by misrepresenting the true facts and she is liable for the same. "
(3.) In reply filed on behalf of respondent Nos. 5 to 9, it has been averred as under :- "That the petitioner has not come to the court with clean hand and suppressed the true and material facts from this Hon'ble Court, hence the present petition is liable to be dismissed. The present petition is misconceived and has been filed by the petitioner by concocted a false and frivolous story just to falsely implicated the private respondents. That answering respondents were facing trial in case FIR No. 264 dated 25.11.2003 under Sections 498-A, 323, 506, 34 IPC at Ambala in which they have been acquitted by the Hon'ble Court vide judgment dated 29.10.2010. It is pertinent to mention here that petitioner was very much aware that there is nothing in the statements given by her and other witness against the answering respondents and the prosecution failed establish their case against them and therefore, cleverly she has made a false and frivolous story and moved an alleged representation to the police against the private respondents on 25.10.2010 (P-2) just to falsely implicated the answering respondents in false and frivolous cases. Petitioner herself admitted that an ex-parte decree of divorce has been passed by the competent court on dated 03.10.2007, therefore no question for remarriage arises between the petitioner and respondent No. 5 and this order dated 03.10.2007 has become final. It is pertinent to mention here that a fictitious story has been manipulated by the petitioner just to falsely implicate the answering respondents, which is sheer abuse of process of law and no case is made out against any of the respondents, hence petition is liable to be dismissed. It is also relevant to mention here that petitioner has herself admitted in cross examination during trial that respondent Nos. 6 to 9 are living separately and nothing was found against them, therefore, they were acquitted by the trial court on merit vide judgment dated 29.03.2010 (P-4). That the petitioner has also manipulated a story that during trial she was taken by the answering respondent under the pretext of alleged remarriage of their house on dated 29.03.2010 and she was turned out of the house on 21.10.2010 which is absolutely false and frivolous. It is relevant to mention here that if she was turned out of the house as alleged in the petition on 21.10.2010, she could have moved an application/complaint before the trial court where trial was pending but no such application was moved by her as such present petition is nothing but an abuse of process of law and same is liable to be dismissed with heavy cost.";