The power to quash criminal proceedings under Section 482 of Cr. P.C. should be sparingly exercised and only in deserving cases. Mala fide allegations by the complainant cannot be a ground for quashing the criminal proceedings.

JUDGEMENT

1. Through the instant petition, the petitioners have challenged FIR No. 189/2017 for offences under Sections 341, 323, 382 and 506 RPC, registered with Police Station, Reasi.

2. It appears that respondent No. 2, complainant approached the Court of Chief Judicial Magistrate, Reasi by filing a complaint against the petitioners. The said complaint was endorsed by the learned Chief Judicial Magistrate to the SHO, Police Station, Reasi with a direction to investigate the matter in terms of Section 156(3) Cr. P.C.

3. As per the allegations made in the complaint, on 25.08.2017, at about 10.30 AM, when the complainant alongwith her husband, Sham Lal had gone to the dispensary at Karua, on reaching near the dispensary, the petitioners without any instigation from the complainant or her husband, caught hold of the husband of complainant and gave a beating to him. It is averred in the complaint that the complainant tried to rescue her husband but she was also beaten up by the petitioners. It is further alleged that when the complainant tried to escape from the spot, she was wrongly restrained by the petitioners and she was again beaten up. The complainant goes on to allege that in the process, the petitioners snatched away her mobile phone, one wrist watch and cash in the amount of Rs. 1470/- It is also alleged that the complainant thereafter fled away from the spot but her husband was ruthlessly beaten up by the petitioners.

4. On the basis of the aforesaid complaint, the impugned FIR came to be registered against the petitioners and investigation was set into motion.

5. The petitioners have challenged the impugned FIR on the grounds that the husband of complainant is the encroacher of shamlat Deh land falling under Khasra No. 1 min measuring 180 kanals, situated at village Karua, Tehsil and District, Reasi. It is averred that the petitioners and other villagers filed a complaint against the husband of respondent No. 2 for removal of the encroachment from the land and thereafter, the Additional Deputy Commissioner, Reasi asked the husband of respondent No. 2 to remove the encroachment against which he filed a writ petition before this Court.

6. It has been submitted that on 25.08.2017, at about 10.30 AM, the husband of respondent No. 2 trespassed into the house of petitioner No. 3, when his wife was all alone in the house. It has been submitted that the husband of respondent No. 2 outraged the modesty of wife of petitioner No. 3. At the time of this occurrence, the grandmother of petitioner No. 3 is also stated to have suffered fracture. Accordingly, FIR No. 174/2017 for offence under Sections 452, 354, 323 RPC was registered against the husband of respondent No. 2.

7. It has been contended that the impugned FIR has been lodged by respondent No. 2 to wreck vengeance upon the petitioners and also as a counterblast to FIR No. 174/2017. It has been submitted that there is a delay of almost 20 days in filing the complaint against the petitioners, which has remained unexplained. It has been further contended that both the incidents i.e. the incident, which is subject matter of the impugned FIR and the incident, which is subject matter of FIR No. 174/2017 are alleged to have taken place at the same time i.e. at 10.30 A.M. on 25.08.2017, which according to the petitioners, is improbable because the husband of respondent No. 2 could not have been present at two different places at the same time.

8. The status reports relating to both the FIRs i.e. FIR No. 174/2017 and FIR No. 189/2017 have been filed by the official respondents. In their status reports, the official respondents have reiterated the contents of both the FIRs. According to the official respondents, the incident, which is subject matter of FIR No. 174/2017, has taken place on 25.08.2017 at about 10.00 A.M, whereas the incident, which is subject matter of FIR No. 189/2017, has taken place at 10.30 A.M. It is averred that during the investigation, the statements of witnesses under