The central legal point established in the judgment is that taking cognizance of an offence under Section 182 of the IPC after the expiry of the limitation period is barred by limitation.

JUDGMENT

Arun Kumar Tyagi, J. (Oral). - The petitioner has filed the present petition under Section 482 read with Section 483 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for quashing of Complaint titled as State Vs. Shikha Kondal (Annexure P-3) under Section 182 of the Indian Penal Code, 1860 (for short 'the IPC) and summoning order dated 16.08.2018 (Annexure P-4) passed by the Judicial Magistrate 1st Class, Mukerian.

2. Briefly stated the facts giving rise to filing of the petition are that petitioner lodged FIR No.01 dated 02.01.2013 in Police Station Hajipur, District Hoshiarpur under Sections 323, 354 and 506 of the IPC against Sukhdev Singh @ Sukha on the allegations that she is studying in M.SC. at D.A.V. College Chandigarh and had come to her house for vacations. Her father runs a kiryana shop in the village. On 02.01.2013 at about 5.30 PM when she was present at the shop accused Sukhdev Singh @ Sukha came to the shop and started hurling filthy abuses on her and on being asked not to do so, he got infuriated and by entering into the shop manhandled her and with an intention to forcibly rape her gave a bite on her left arm and by holding her from collar he scratched with nail below her neck and also slapped on her left cheek and had also torn her clothes. When she raised alarm, many persons gathered there on which he fled from the spot while threatening to kill her brother Raja. The occurrence was witnessed by Chander Kanta. On coming to know about the same her parents reached there and took her to the hospital where she was under treatment. The Police investigated the case and arrested the accused on 03.01.2013. On application of one Onkar Singh, enquiry was conducted by Assistant Superintendent of Police, Tehsil Mukerian who found that complainant Shikha Kondal had stopped the accused while going on the road and slapped him and subsequently by self suffering the scratches and making false allegations of molestation lodged false case against the accused at the behest of her father-Lekh Raj on account of earlier incident where sister of accused Sukhdev Singh had levelled allegations against the father of the petitioner. Assistant Superintendent of Police, Tehsil Mukerian had recommended cancellation of FIR and initiation of proceedings under Section 182 of the IPC against the petitioner. In accordance with the above said recommendation, complaint under Section 182 of the IPC was filed by SHO Police Station Hazipur, District Hoshiarpur against the petitioner.

3. Feeling aggrieved from filing of the complaint and passing of the summoning order dated 16.08.2018 by Judicial Magistrate 1st Class, Mukerian on the same, the petitioner has filed present petition.

4. Notice of the petition was given to the respondent-State by the Co-ordinate Bench vide order dated 15.11.2018.

5. Vide order dated 19.11.2019 this Court directed the respondent-State to file affidavit as to whether any cancellation report had been filed and if so what proceedings took place in respect of the same.

6. In compliance of the above said order, status report by way of affidavit of Sh. Gaurav Garg, IPS, Senior Superintendent of Police, District Hoshiarpur was filed stating that the cancellation report was prepared by the S.H.O., Police Station Haji Pur on 08.03.2013 and was filed before Judicial Magistrate, Mukerian on 27.11.2019.

7. Vide order dated 30.01.2020, the respondent-State was directed to file affidavit regarding status of the cancellation report giving requisite details.

8. In compliance of the above said order, status report by way of affidavit of Sh. Ravinder Singh, PPS, Deputy Superintendent of Police, Sub-Divsion Mukerian, District Hoshiarpur has been filed mentioning that the cancellation report is pending for 21.03.2020 for appearance of the petitioner.

9. Mr. Jasraj Singh, learned Counsel for the petitioner has argued that complaint under Section 182 of the IPC filed after expiry of the prescribed period of limitation of