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The said complaint remains pending before the Judicial Magistrate First Class Gurugram, however, on 12.08.2013, she had withdrawn the criminal complaint and stated that she will file a complaint after attaching important documents with it.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 the course of preliminary evidence, the matter was adjourned repeatedly on 07.10.2013, 08.11.2013, 12.12.2013, 17.01.2014, 25.02.2014, 30.04.2014, 18.07.2014, 26.09.2014, 04.11.2014, 02.01.2015, 26.02.2015, 20.03.2015, 15.04.2015, 02.06.2015. Thereafter, the trial Court vide order dated 01.08.2015 dismissed the complaint filed by the respondent by passing the following order:-

“Present: None for the complainant

Today the case was fixed for complainant evidence. Case called several times since morning, but despite several calls, neither the Counsel nor the parties have appeared before the Court. The cost of Rs. 1000/- was imposed on the complainant which was also not paid by the complainant. It is already 3.00 PM. Further wait is not justified. Hence, the present complaint filed by the complainant is hereby dismissed in default for want of prosecution. File be consigned to the record room after due compliance.”

3. Learned counsel next submitted that respondent No. 1/complainant again filed a third complaint No. 193 of 2015 under sections 148/149/307452/120-B IPC and Section 25 of the Arms Act against the same accused, including the petitioners, regarding the same incident and the copy of the complaint dated 07.08.2015 was annexed as (Annexure P-5). Thereafter, the respondent herself appeared as CW-7, her husband Manoj Kumar as CW-6, and other witnesses were also examined. Vide order dated 06.02.2018, the JMIC Gurugram, summoned the petitioners only under Sections 148, 149, 452, 506 IPC and held that no offence under Section 307 IPC was made out against the petitioners. The summoning order (Annexure P-8) was challenged by respondent No. 1/complainant, before the Court of Sessions Judge Gurugram and vide the impugned order dated 01.06.2023, the revision petition was partly allowed and it was held that even the offence under Section 307 IPC was made out against the present petitioners also. Learned senior counsel submits that the respondent No. 1/complainant is in the habit of filing repeated complaints by levelling the same set of allegations. Even earlier, there was no incriminating evidence against the petitioners, and even on inquiry by the police, the allegations were found to be false.

4. Learned senior counsel further submitted that respondent No. 1/complainant also approached this Court vide CRM-M-37326 of 2011 with a prayer for registration of FIR against the petitioners and others and to get the case investigated in detail. However, this court vide orders dated 11.07.2012 and 25.04.2013 directed the police authorities of Gurugram to decide the representation filed by the petitioners and to take appropriate action in accordance with law. The police investigated the matter on the direction passed by this Court and the allegations were found to be fa