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2019 Supreme(HP) 1127

CHANDER BHUSAN BAROWALIA
Naresh Katoch – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
Naresh Kaul, Adv., Shiv Pal Manhans, Adv., P.K. Bhatti, Adv., Raju Ram Rahi, Adv., Shyam Singh Chauhan, Adv.

JUDGMENT :

CHANDER BHUSAN BAROWALIA, J.

1. The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 210 of 2011, dated 5.6.2011, under Sections 354, 452 and 323 of the Indian Penal Code, registered at Police Station, Nurpur, District Kangra, H.P.

2. Briefly stating the facts, giving rise to the present petition are that on 5.6.2011, respondent No.2 came to Police Station alongwith sisters, namely, Babli Devi and Kamla Devi, alleging therein that they are raising house over the land of Partap Katoch (father of the petitioner). At about 6:00 p.m, respondent No.2 was at the house alongwith her sister Babli, Lakshmi and Dilmaya (grandmother). Respondent No.2 alongwith her sister were sleeping in the room, when the petitioner came there and started touching her breast, legs and private parts, on which, she woke up and asked the petitioner as to what he was doing. Her sister also woke up, the petitioner again started touching her breast and hug her, but again pushed her due to which, respondent No.2 sustained injury on her head, when her sister, Babli Devi, tried to rescue resp

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