Order

CRM(M) 165/2021

1. Through the medium of the instant petition, the petitioners have challenged FIR No.9 of 2021 of for offences under Sections 354, 452 IPC registered with Police Station Mahore District Reasi.

2. It is contended in the petition that respondent No. 2 happens to be a relative of the petitioners and in the year 1992, the husband of the said respondent, namely Ghulam Rasool approached the petitioners seeking help for arranging so me land for construction of a house in village Gugar (Shadool), as the house of respondent No. 2 had been washed away in a landslide. It is averred that the petitioners gave a piece of land to the husband of the respondent No. 2 with the condition that he will pay the amount of consideration or in the alternative give land in exchange to the petitioners. Accordingly, a piece of land was provided by the petitioners to the husband of respondent No. 2 for construction of house.

3. It is further contended that in the year 1995, the petitioners asked the husband of the respondent No. 2 to pay the amount of consideration of the land or to give land in exchange, but he did not acceed to the demand of the petitioners, because of which the relations between the parties became strained. It is averred that in the month of November 2020 the husband of respondent No. 2 encroached upon more land belonging to the petitioners and this compelled the petitioners to lodge a complaint against him before the police on 28th November, 2020.It is alleged that as a counterblast of this, respondent No. 2 at the instance of her husband, with a view to wreak vengeance upon the petitioners, lodged the impugned FIR against the petitioners.

4. The impugned FIR has been challenged by the petitioners on the ground that the allegations made therein are false and improbable besides being mala fide in nature, keeping the view the strained relations between the parties as narrated herein before. It is further contended that on the date of occurrence petitioner No. 2 was present on duty in Govt. Primary School, Kundhala where he is posted as a teacher and, as such, there was no chance for him to be on the spot of alleged occurrence at the relevant time.

5. Respondent No. 1 has filed its response to the petition. In its response, the respondent No. 1 submitted that the impugned FIR came to be registered on the basis of complaint lodged by respondent no. 2, according to which on 03.03.2021 at about 4 p.m when she was all alone at her home, the petitioners trespassed into her house and outraged her modesty by touching her breasts and pushing her towards the ground. It was further alleged that petitioner No. 1 remained outside the house, whereas the other petitioner tore apart her clothes. After investigation of the case, offences under Sections 452, 354, 34 IPC are stated to have been established against the petitioners.

6. I have heard learned counsel for the parties and perused the material on record.

7. Before considering the merits of the case, we have to be clear as regards the legal position pertaining to exercise of jurisdiction by High Court under Section 482 of Cr.P.C, which reads as under:-

“482. Saving of inherent powers of High Court : Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

8. From a perusal of the aforesaid provision, it is clear that inherent power of the High Court can be exercised to make such orders as are necessary to give effect to any order under the Code of Criminal Procedure, or to prevent abuse of the process of the Court and also to secure the ends of justice.

9. In the landmark case of State of Haryana vs. Bhajan Lal, 1992 Supp (1) SCC 335, a two Judge Bench of the Supreme Court of India considered in detail the provisions of Section 482 and the power of the High Court