G.S.CHAHAL,J - (1.) RAMESH Kumar by means of this petition under Section 482 Cr.P.C. seeks quashing of FIR 149 dated June 5, 1993 registered at PS City Hansi under Sections 376 and 342, IPC.
(2.) THE impugned FIR was registered on the basis of an affidavit filed by one Jawaharlal son of Sohan Lal. The allegations made in the affidavit may be briefly enumerated :- On May 16, 1983 at about 10.30 a.m. the complainant on reaching at the back side of the State Bank, found a crowd in front of the house of Ramesh Cheraya. The room of that house was bolted from inside. On inquiry from the persons collected there, he learnt that Ramesh Cheraya had kept one girl and was committing rape on her. When the door was got opened, Ramesh Cheraya and the girl were taken out. The girl was weaping and she told that she had been defiled and she disclosed her name as Guddi daughter of Bansi Lal. After confirming the name of her father and the address, she was sent to her house. Slogans were shouted against Ramesh Cheraya. Some persons known to Ramesh Kumar also reached there and he was rescued. The complainant wanted Ramesh to accompany him to the police station, but he apologised. He was then taken away by some other persons saying that he was to be produced at the police station. The complainant having read a news item that a panchayat had imposed a fine of Rs. 61,000/- and giving of five shoe beatings to Ramesh, he made inquiries and he was of the opinion that the action should have been taken in accordance with law. In the return filed, it has been averred that after investigation, no offence under Sections 342 and 376 IPC is found to have been committed as Kiran Bala the prosecutrix under Section 164, CrPC made a statement before the JMIC. Hansi on June 8, 1993 stating that no such incident as alleged in the FIR ever took place and Ramesh-petitioner never committed rape on her. Chancellation of the case has, thus, been recommended. It has also been stated that Kiran Bala had refused to submit herself to medical examination.
(3.) SINCE during the investigation, no medical evidence was collected to confirm the allegations of a rape on Kiran Bala and the police has found that no case is in fact made out for the offence alleged has submitted a cancellation report, the prayer of the petitioner for quashing the FIR is hereby allowed. The FIR and all consequent proceedings shall stand quashed. With this direction, this petition stands disposed of. Petition allowed.;