C.R. Sarma, J.—By this application, filed u/s 482 of the Code of Criminal Procedure, 1973 (herein after referred to as the "Cr.P.C."), the petitioner namely, Smti Leena Doley, who is an accused in C.R. Case No. 672c of 2012, pending before the learned Chief Judicial Magistrate, 1st Class, Kamrup, Guwahati has prayed for quashing the said proceeding and setting aside the impugned order, dated 29.03.2012, passed in the said case, whereby the learned Magistrate, First Class, while taking cognizance of offence u/s 500 of the Indian Penal Code (in short, the "IPC"), issued summons to the petitioner. The material facts of the case, as required for disposal of this petition, may, in brief, be stated as follows:

The petitioner has been serving as the Additional Superintendent of Police, Dial 100 PCR, Guwahati City. She, in her said capacity, attended an official meeting, on 13.03.2012, in connection with inauguration of the project namely, "Dial 100" in the office of the Director General of Police, Assam and the said meeting was attended, amongst others, by the Inspector General of Police (Logistics) Shri Mukesh Agarwal, who is the husband of the private respondent. The petitioner, after the said meeting, in order to discuss some follow up action, visited the office of the Inspector General of Police (Logistics) and he finding her alone, in his office, suggested her to accompany him to some outside location for a holiday break. The petitioner, being annoyed, demanded apology from the said senior officer for making such lewd remarks and he also, asking her to for give him, assured that he would never repeat such things in future. According to the petitioner, after returning home, she told her husband about the said incident and immediately, thereafter, called up said senior officer's wife i.e. the private respondent and narrated her the entire episode. The petitioner, apart from verbally reporting the matter to the Director General of Police, Assam, on 13.03.2012, also submitted a formal complaint, on 15.03.2012, alleging sexual harassment and issued copies of the same to (1) Smti Mamta Sharma, Chairperson, National Commission for Women, 4, Deen Dayal Upadhayaya Marg, New Delhi-110002, (2), Smti B. Bhamathi, Addl. Secretary, Centre State, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi-110001, (3) Shri N.K. Das, IAS, Chief Secretary, Assam, Dispur, Guwahati, (4) Smti T.Y. Das, IAS, Principal Secretary to the Chief Minister of Assam, Dispur, Guwahati, (5) Smti Jishnu Baruah, IAS, the Commissioner & Secretary to the Government of Assam, Home, Political Border Areas & Passport Department, Dispur, Guwahati and (6) Smti Mira Baruah, Chairperson, Assam State Commission for Women, Bal Bhawan, Uzanbazar, Guwahati. The petitioner found that the incident was reported in several dailies and also telecasted through local television channels.

2. The opposite party No. 2 namely Smti Vanita Agarwal i.e. the wife of the Inspector General of Police (Logistics), on 19.03.2012, filed a Complaint Case, being Case No. 672c of 2012, before the leaned Chief Judicial Magistrate, First Class, Kamrup, Guwahati, alleging, therein, that the petitioner had circulated the said complaint, dated 15.03.2012, to different agencies, officials, media and public in general, bringing false allegations against her husband and thereby caused harm to the reputation of the complainant i.e. opposite party No. 2 and her husband and, thus, committed the offences under Sections 499/500 IPC.

3. On receipt of the complaint, the learned Chief Judicial Magistrate, 1st Class, Kamrup, Guwahati, on 29.03.2012, took cognizance of offence u/s 500 IPC and issued summons to the petitioner.

Aggrieved by the taking of cognizance and issuance of process aforesaid, the petitioner has come up with this quashing petition.

According to the petitioner, the impugned order, dated 29.03.2012, was passed in contravention of the provision of law and without application of mind inasmuch a

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