The registration of a second FIR for the same offenses as the first FIR is not an abuse of process or lack of jurisdiction if the second complaint contains additional allegations that constitute new offenses.

A. K. SINGH, J.

( 1 ) HEARD the learned Counsel for the petitioners, the learned Public Prosecuor and the learned Counsel for the non-petitioner No. 2.

( 2 ) BY this petition under Section 482 Cr. P. C. the petitioners have prayed that F. I. R. No. 78/96 registered at police station, Sumerpur be quashed.

( 3 ) ACCORDING to the averments made in the petition, respondent No. 2 Smt. Shobha was married to Shri Manak Chand (petitioner No. 1) on 28-1-1995. After their marrige the relations between Manak Chand and Smt. Shobha (respondent No. 2) became strained. As a result Smt. Shobha has filed a complaint against the petitioners in the Court of Judicial Magistrate Sumerpur alleging the commission of offences u/ss. 498a and 406, IPC. That complaint was forwarded by the learned Judicial Magistrate, Sumerpur to the Station House Officer of the Police Station, Sumerpur under sub-section (3) of S. 156, Cr. P. C. for investigation. On receipt of the complaint, the Station House Officer of the Police Station registered the F. I. R. No. 5/96 in respect of offences u/ss. 493a and 406, IPC. During the course of investigation statements of several persons were recorded u/s. 161, Cr. P. C. After investigation, a charge-sheet under sub-section (2) of Section 172, Cr. P. C. was filed in the Court of learned Civil Judge-cum (Junior Division) cum-Judicial Magistrate, Sumerpur. The learned Judicial Magistrate took cognizance on the basis of the charge-sheet submitted by the police. It is also mentioned in the petition that the petitioners are facing trial in the Court of learned Judicial Magistrate, 1st Class, Sumerpur. It is also stated in the petition that the petitioners had to run from piller to post for obtaining anticipatory bail during the investigation of the aforesaid F. I. R. No. 5/96. It is alleged that the non-petitioner No. 2 has filed another complaint alleging the commision of offences u/ss. 498a and 406, IPC and the second complaint filed by the non-petitioner No. 2 was also sent to the Stationhouse Police Officer of the Police Station. Sumerpur by the learned Judicial Magistrate under sub-section (3) of Section 172, Cr. P. C. and in compliance of the order passed by the learned Judicial Magistrate, the Station House Officer of the Police Station had registered another F. I. R. No. 78/96 and investigation has also been commenced in respect of the second first information report.

( 4 ) THE learned Counsel for the petitioners has submitted that registration of the second F. I. R. No. 78/96 in respect of the same offences for which F. I. R. No. 5/96 was registered amounts to abuse of the process of the law and that the police has no jurisdiction to register a second F. I. R. and re-investigate the case is respect of the same offence for which the case was already investigated by the police and a charge-sheet was submitted.

( 5 ) I have carefully considered the facts and circumstances of the case. In her second complaint, the non-petitioner No. 2 has clearly stated that she had filed an earlier complaint alleging the commission of offences u/ss 498a, 406 and 323, IPC and that complaint had been sent to the Police Station, Sumerpur for investigation and F. I. R. No. 5/96 was registered at Police Station, Sumerpur and investigation was conducted in the case, but it is stated by her that the petitioners, in order to deceive, persuaded the non-petitioner No. 2 to enter into a compromise and in consequence, a compromise in writing was got signed by the non-petitioner No. 2 on 17th January, 1996 and on 19th January, the non-petitioner No. 2 went to her husbands house with the accused persons. For sometime the accused persons did not ill-treat the non-petitioner No. 2, but after the grant of bail to the accused-persons by the Additional District and Sessions Judge, the accused persons started beating and harassing the non-petitioner No. 2. On several occasions she was beaten and was confined in the house and she was not allowed to m