Surinder Gupta, J. - (1.) PETITIONERS seek quashing of the FIR No. 59 dated 16.4.2010 registered at Police Station Division No. 7, Jalandhar for offence punishable under Sections 452/323 read with Section 34 IPC, at the instance of respondent No. 2.
(2.) THE FIR got registered by Gulshan Raj Kakkar (respondent No. 2), Annexure P/1, is as follows : - On dated 5.3.2010 around 2O'Clock, I was inside my house. Nidhi who is divorced wife of my son Munish Kakkar and with her a person named Surkesh Kumar entered forcibly inside our home and manhandled me and further said that we have come to teach you a lesson because your son has filed divorce case against us. Nidhi picked up the stick lying in my house and started hitting me. Both of them abused and slapped me. They came to our home on a motor cycle. Due to their beatings I have taken MLR from Civil Hospital and the doctor gave in the MLR particulars of injuries showing how much they have given beatings to me. Being 68 years of age I could not tolerate these injuries. Many neighbours gathered who saw everything. When both of them tried to ran away from the house, then we rang twice on No. 100, my wife rang from landline. She dialed the number of Division No. 7. After sometimes two police men came on motor cycle and they caught both of them outside the house and on my asking they brought both of them to Police Station Division No. 7 and after that I received phone call from Division No. 7 to come to police station and explain the whole matter so that the further proceedings can be done. I along with my family and witnesses came to police station and met SHO and explained the whole story to him. SHO asked to give complaint in writing so that action could be taken against them. I gave complaint and copy of MLR on that day. On investigation, the police found that the injuries were caused to the complainant -respondent No. 2 by the petitioners inside his house and the FIR was registered for offence punishable under Sections 323/452 read with Section 34 IPC, wherein challan has been presented.
(3.) LEARNED counsel for the petitioners has argued that FIR in question is the result of matrimonial feud between the petitioner No. 1 Nidhi Kakkar and her husband Manish Kakkar son of respondent No. 2. Due to strained relations, the petitioner No. 1 had got an FIR under Sections 406/498 -A IPC, bearing No. 215 dated 17.8.2005 registered against her husband, her mother -in -law, father -in -law (respondent No. 2 herein) and other relatives of respondent No. 2 which is pending trial. Manish Kakkar husband of petitioner No. 1 filed a divorce petition, in which divorce was allowed but in appeal, petition filed by son of respondent No. 2 has been dismissed. The wife of respondent No. 2 filed a criminal complaint against petitioner No. 1 levelling wild and false allegations. The petitioner No. 1 has sought quashing of the said complaint by filing CRM -M -25627 of 2009 which is pending in this Court. A complaint was also filed by the maternal uncle of husband of petitioner NO. 1 under Section 500 IPC and the complainant -respondent No. 2 has filed CRM -M -10439 of 2010 seeking quashing of the same which is also pending in this Court. The matrimonial feud has also resulted in other litigation between the parties and the instant FIR is also an out come of the same. The petitioner No. 1 has moved an application to the police on 10.5.2010 giving detailed facts about the occurrence along with her MLR but the police after ignoring the real facts has not taken any action against respondent No. 2. The police has registered FIR after a lapse of one month and eleven days. The statement to the police was made by the respondent No. 2 after consulting his advocate/legal adviser. The petitioner No. 2 has been implicated in this case as he treats the petitioner No. 1 as his 'Dharam sister'.;