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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S.SHEKHAWAT
Sandeep – Appellant
Versus
Sunita – Respondent
JUDGMENT :
N.S. SHEKHAWAT, J.
1. The petitioners have filed the present petition under Section 482 Cr.P.C. with a prayer to quash Criminal Complaint No. 193 of 2015 under Sections 148/149/452/120-B/506 and Section 25 of the Arms Act titled as ‘Sunita Vs Manjit & Ors (Annexure P-5), summoning order dated 6.02.2018 passed by the Court of JMIC Gurugram (Annexure P-8) as well as order dated 01.06.2023 (Annexure P-10) passed by the Additional Sessions Judge, Gurugram, whereby the petitioners have been summoned to face trial under Sections 148/149//506/307 IPC.
2. Learned counsel for the petitioners contended that the respondent/complainant, namely, Sunita, had instituted a criminal complaint (Annexure P-1) against the petitioners and others, in the Court of Area Magistrate Gurugram on 06.08.2013, with regard to an incident dated 03.11.2011. The said complaint remains pending before the Judicial Magistrate First Class Gurugram, however, on 12.08.2013, she had withdrawn the criminal complaint and stated that she will file a complaint after attaching important documents with it. Again, on 17.08.2013, the respondent filed a second complaint on the same set of allegations (Annexure P-3). During
A charge-sheet filed at the dictate of somebody other than the police would amount to abuse of the process of law and hence the High Court ought to have exercised its inherent powers under Section 48....
Successive complaints on the same cause of action amount to abuse of process, and criminal liability requires a clear statutory foundation which was absent in this case.
The court affirmed that a pending police investigation does not bar subsequent complaints on similar allegations, under the provisions of the Code of Criminal Procedure.
The main legal point established in the judgment is that a second complaint relating to the same incident is not prohibited under the Code, and if it presents a different version with additional alle....
The court ruled that a subsequent complaint based on previously resolved allegations constitutes an abuse of process, justifying its quashing under Section 482 Cr.P.C.
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