- (1.) The petitioners have prayed for quashing of F.I.R., namely F.I.R. No.39/2012, lodged by complainant, Smt. Nirmla Devi, at Police Station, Tatarpur, District Alwar, for offences under Sections 341, 323 and 143 I.P.C.
(2.) It is the case of the petitioners that on 19.11.2012 they had also lodged a F.I.R. against the complainant in the present case, namely Smt. Nirmla Devi and her family members. The said F.I.R. was lodged by the petitioner No.1, Balwant, wherein he had claimed that on 19.11.2012 at around 12:00 A.M. when he was going to Village Tatarpur, and when he reached outside the Village, Surendra, his mother Smt. Nirmla Devi, his sister Babita, and Narendra were sitting on the road. Suddenly, they attacked him. According to him, he was injured on different parts of the body. He was carrying an amount of Rs.5,000/-, which these persons took away. On the basis of this report, a formal F.I.R., namely F.I.R. No.38/2012 for offences under Sections 341, 323, 34 and 379 I.P.C. was chalked out.
(3.) However, on the other hand, Smt. Nirmla Devi, the complainant-respondent No.2, also lodged a F.I.R. at the same Police Station registered as F.I.R. No.39/2012, wherein she claimed that at around 1:00 o'clock in the afternoon when she and Smt. Santosh had gone to their field, Balwant came to their field and told them that the said field is his. He also asked to them as to how they have entered into his field. He started abusing them. At that time, Ved's sister Manju, Lalita, Nagraj and Raju came to the field. While Raju was carrying a 'farsi' [small-axe], the others were carrying lathi [bamboo-sticks]. She further claimed that Raju hit Smt. Santosh on the head with the farsi. Consequently, Santosh fell on the ground. She further claimed that she and Smt. Santosh were assaulted with lathies. Upon hearing their hue and cry, her elder daughter-in-law, Rajbala and Babita rushed to their rescue. The said F.I.R. was registered for offences under Sections 341, 323 and 143 I.P.C. Hence, this petition for quashing of F.I.R. No.39/2012.;