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2020 Supreme(Online)(P&H) 928

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 02.2.2026 Pawan Kumar and others ......Petitioners Versus Saroj Bala .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Tanvir S. Grewal, Advocate for the petitioners.

Mr. Amit Singla, Advocate for the respondent.

****

KIRTI SINGH , J. (ORAL)

1. The present petition has been filed under Section 482 Cr.P.C for quashing of the criminal complaint No. 30 dated 13.8.2018 (Annexure P-1) titled ‘Saroj Bala versus Pawan Kumar and others’ under Sections 323, 341, 354, 506, 509 and 325 IPC and Sections 3(1)(x)(xi) and (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short ‘the SC/ST Act’) and all other consequential proceedings arising therefrom including the summoning order dated

22.7.2019 (Annexure P-2).

2. The brief facts of the case are that the respondent filed the present complaint against the petitioner alleging therein that on 03.9.2014 at about 8.00 A.M., when she was going for her duty, Pawan (petitioner No. 1) and Pardeep (petitioner No. 2) stopped her near canal. Petitioner No. 1- Pawan hurled caste based abusive language and caught hold of her hand. Both the accused outraged her modesty. Upon raising of alarm by the complainant-respondent, both the accused fled away from the spot.

Thereafter, the respondent returned home and narrated the entire occurrence to her mother Angoori Devi, whereupon Angoori Devi went to the house of the accused, where mother of the above accused, namely Bali (petitioner No. 4) started abusing her. In the meantime, petitioners-accused Krishan, Pawan, Pardeep and Reena came there armed with dandas. Accused Krishan hurled caste based abusive language to her mother, while accused Reena and Bali inflicted danda blows on the eye and right leg of her mother. Upon hearing noise, the complainant and her father came at the spot and tried to intervene. Accused Krishan, Pardeep and Bali dragged them towards the door, whereupon accused Krishan gave a danda blow on the head and right hand of the complainant, where as Bali tore her clothes. Upon raising alarm by them accused Pardeep and Pawan fled away from the spot while extending threats. The complainant and her mother were got admitted in Civil Hospital, Hisar. Their statements were recorded by the police. However, neither the entire facts were recorded by the police, nor any action was taken against the accused persons. Subsequently, the matter was reported to the Senior Superintendent of Police, Hisar but no action has been taken. Hence, the present complaint by the complainant-respondent.

3. Learned counsel for the petitioners submits that the petitioners, who are the close family members, have been falsely implicated in the present case by the complainant-respondent, who is their neighbour. In fact, the respondent has been harassing the petitioners for the last several years and due to some old grudge she has filed the present complaint against the petitioners. It is submitted that on the similar set of allegations, the respondent-complainant had also lodged an FIR No. 799 dated 03.9.2014 under Sections 354-A, 323, 341, 506, 325, 34 IPC at Police Station Sadar, 2026.02.16 14:19 Hisar against the petitioners. However, in the said case, the respondent has failed to prove the alleged offences against the petitioner. Therefore, vide judgment dated 27.3.2018 passed by the learned Judicial Magistrate Ist Class, Hisar, the petitioners were acquitted of the charges framed against them in the above case. Being aggrieved therefrom, the respondent- complainant has also filed an appeal before the learned Sessions Judge Hisar, which is pending adjudication. It is submitted that the present complaint has been filed by the respondent by concealing the factum of registration of the above FIR against the present petitioners. Furthermore, at the time of filing the present complaint, the respondent has also improved her version and added alle

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