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2013 Supreme(P&H) 773

IN THE HIGH COURT OF PUNJAB AND HARYANA
The Hon’ble Mr. Justice Inderjit Singh
Criminal Misc. No.M-8937 of 2011
Nirmal Kaur & Ors.
v.
State of Punjab & Anr.
{Decided on 12/08/2013}

Advocates:
For the Petitioners:Mr. Pankaj Bhardwaj, Advocate.
For the Respondent-State:Mr. Neeraj Yadav, Assistant Advocate General, Punjab.
For the Complainant-Respondent No.2:Mr. Binderjit Singh, Advocate.

Headnote:(A) Criminal Procedure Code, 1973, S.482--Quashing--Abuse of process of law--Where criminal proceeding is manifestly attended with mala fide and/or where the proceedings is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, the Court can quash proceedings. (Para 14)

       (B) Criminal Procedure Code, 1973, S.482--Quashing--Theft--Criminal Tresspass--Petitioner had filed case u/s 498-A and S.406 IPC against complainant (mother-in-law)--In present case, complainant contended that petitioners who were armed with weapons entered their house, caused injury and took away Rs.5,000/- and few gold ornaments--Held; Not probable that petitioners who were armed with deadly weapons i.e. swords, sticks etc would not cause any injury with weapons to complainant and they would only give slaps and fist blows--Present case is counter-blast to case filed by petitioner--Present FIR/against petitioner quashed--Indian Penal Code, 1860, Ss.380 & 457. (Paras 9 & 10)

       

JUDGMENT

Mr. Inderjit Singh, J.: - Petitioners Nirmal Kaur, Pal Singh, Arvinder Kaur, Gurpal Singh Verka, Satpal Singh and Satwinder Kaur have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.60 dated 18.1.2008 registered for the offences under Sections 452, 457, 458, 380, 148, 149, 423, 447 and 342 IPC at Police Station Kotwali Bathinda, District Bathinda and summoning order dated 18.12.2010.

2. The brief facts of the case are that Nirmal Kaur was married to Harvinder Singh and is maternal aunt (Mami) of complainantrespondent No.2 Kanwar Yadvinder Singh. Petitioner No.2 Pal Singh is father, petitioner No.3 Arvinder Kaur is sister-in-law, petitioners No.4 and 5 Gurpal Singh Verka and Satpal Singh are brothers and petitioner No.6 Satwinder Kaur is sister-in-law of petitioner No.1. As per the facts given in the petition, matrimonial dispute arose between Nirmal Kaur petitioner No.1 and her husband Harvinder Singh and divorce petition was filed by Harvinder Singh against Nirmal Kaur petitioner No.1, which was dismissed by the Additional District Judge, Bathinda. Then the appeal was dismissed by this Court on 7.7.2009 and the SLP was dismissed by the Hon’ble Supreme Court vide order dated 4.1.2010. At the instance of petitioner No.1, her father, namely, Pal Singh (petitioner No.2) also got registered FIR No.393 dated 17.9.2007 for the offences under Sections 498-A and 406 IPC at Police Station Sadar, Amritsar against Harvinder Singh and his other family members including Sukhwinder Kaur, mother of the complainant-respondent No.2 Kanwar Yadvinder Singh. It is also stated that during the pendency of the appeal in the High Court, petitioner No.1 Nirmal Kaur and Harvinder Singh started living together in house No.192-A/1, Shant Nagar, Bathinda. Husband of petitioner No.1 again contracted second marriage with Amritpal Kaur alias Aman. During the assembly elections 2007, petitioner No.1 was shifted to House No.183- A/60-3, Shant Nagar, Bathinda from House No.192-A/1 Shant Nagar, Bathinda and the reason was that Harvinder Singh-husband of petitioner No.1-Nirmal Kaur could live happily with his second wife Amritpal Kaur alias Aman. This fact was not known to Nirmal Kaur-petitioner No.1 at that time.

3. As per facts of FIR No.60 dated 18.1.2008 registered at Police Station Kotwali Bathinda, on the intervening night of 12/13.1.2008, the petitioners were present in House No.183-A/60-3, Shant Nagar, Bathinda. These petitioners stole the articles, gave slaps and kicks to the complainant-respondent No.2 Kanwar Yadvinder Singh. The petitioners were armed with small hockey sticks etc. They stole Rs.5,000/- in cash, gold necklace and gold ring of the complainant-respondent No.2. They went away and after that petitioner No.1 Nirmal Kaur and her daughter remained in one room. It is also stated in the FIR that petitioner No.1 Nirmal Kaur and her daughter remained as paying guests for some months in that room and TV set etc. had been provided by the complainant-respondent No.2.

4. The Police after due inquiry filed cancellation report as they found the allegations as false. In cancellation report, statement of complainant-respondent No.2 was recorded, who opposed the cancellation report. Then the learned Judicial Magistrate Ist Class, Bathinda vide impugned order dated 18.12.2010 passed the summoning order in that cancellation report.

5. In the reply filed by way of affidavit by Bikrampal Singh Bhatti, IPS, Assistant Superintendent of Police (City II), Bathinda, it is stated that Kanwar Yadvinder Singh (respondent No.2) got registered FIR No.60 dated 18.1.2008 against Nirmal Kaur and others in order to exert pressure on them for compromise in case FIR No.393/2007. It is also stated that during inquiry, it was found that allegations levelled by complainant Kanwar Yadvinder Singh were found to be false and it was found that he got registered this case by concocting a false story. Respondent No.2-complainant Kanwar Yadvinder Singh in















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