DEEPAK MAHESHWARI,J. - (1.) Heard learned counsel for the petitioner as also learned counsel appearing for the respondent No. 2 and learned Public Prosecutor.
(2.) By way of this criminal misc. petition, the petitioner has challenged the order dated 28.5.2015 passed by learned trial Court by which cognizance has been taken against the petitioner Smt. Jigyasa for the offence punishable under Sections 420, 406 and 120B I.P.C. on the basis of the supplementary charge-sheet filed against her under Section 173 (8) Cr.P.C. The order dated 21.11.2015 by learned revisional Court upholding this cognizance order is also under challenge. The petitioner has also challenged the supplementary charge-sheet while praying to quash it.
(3.) Learned counsel for the petitioner has submitted in his arguments that earlier the original charge-sheet was filed against husband of the petitioner - Anil Vajpayee in the year 2010 and after a long gap of four years, the supplementary charge-sheet has been filed against the petitioner in the year 2014 without collecting any additional evidence against her. He has argued that no reason has been assigned for the delay and on the pretext of the order passed on 08.08.2014 by Coordinate Bench of this Court, the charge-sheet has been filed against the petitioner with delay. He has also argued that the dispute has been compromised by the complainant Hanuman Singh with the main accused Anil Vajpayee. Learned counsel has referred to the statement of PW-2 Hanuman Singh recorded during trial held against Anil Vajpayee. He has also referred to the statements of other witnesses stating that the compromise has taken place in the matter. His submission is that when the dispute has already been settled between the parties, there is no occasion to produce the supplementary charge-sheet against wife of main accused i.e. petitioner Smt. Jigyasa.;