IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41147-2019 (O&M)

Decided on:- 10.02.2026 Sonu and others ....Petitioners Versus State of Haryana and others ....Respondents CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Roshan Lal Saini, Advocate for Mr. Tushar Gautam, Advocate for the petitioners.

Mr. Abhishek Yadav, DAG, Haryana.

Mr. R.S. Hooda, Advocate for respondent No. 2 (through V.C.).

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AMARJOT BHATTI, J.

1. Petitioners Sonu, Rahul @ Monu, Parul, Jyoti, Bharti, Mukesh, Renu, Chotu, Anita and Sunita filed petition under Section 482 Cr.P.C. for quashing of Complaint No. 365/2015 (Annexure P/6) filed on 10.12.2015, summoning order dated 31.07.2019 (Annexure P/7) passed by learned Additional Chief Judicial Magistrate, Mewat and subsequent proceedings arising thereon in aforesaid complaint.

2. As per the facts narrated in complaint (Annexure P-6), complainant Shashi Devi alleged that she was residing in the house on rent and in other portion of house, Shiv Kumar was residing on rent, with whom their neighbour Sonu was having family relations. Complainant narrated incident of 27.03.2014 at 07:30 AM, when she was moping the floor and Sonu came there. She told him to remove his slippers and then enter the premises. On this Sonu caught hold of her hair and a scuffle took place in which she was struck against the wall. When she got up, Sonu caught hold of her hand and touched her in an inappropriate manner and pushed her. She narrated this incident to her husband, who at 09:00 AM went to Sonu to ask him about his behaviour. On this, Sonu, Rahul @ Monu, Parul, Jyoti, Bharti, Mukesh, Renu, Anita and Sunita entered their house and gave beatings to them. Complainant alleged that Jyoti, Bharti, Renu, Chhotu and Sunita gave beatings to her, whereas, Sonu, Monu, Parul and other accused gave beatings to her husband. Her husband was seriously injured. On the alarm raised by them, Jagdish, Siri Chand and others gathered on the spot and rescued them. She and her husband went to Government Hospital, Nuh for medical treatment. Her statement was recorded on 28.03.2015 and FIR No. 43 dated 28.03.2015 was registered under Sections 323, 354-A(1), 452, 506, 34 IPC. Police in collusion with accused persons arrested one accused Sonu, whereas, others were declared innocent. Finally, present complaint (Annexure P/6) was filed, in which there is summoning order dated 31.07.2019 passed by learned Additional Chief Judicial Magistrate, Mewat vide which accused persons were summoned under Sections 354, 323, 452 IPC (Annexure P/7).

3. Learned counsel for petitioners argued that allegations levelled by complainant/respondent No. 2 Shashi Devi were false and without any basis. Initially, FIR No. 43 dated 28.03.2015 was registered under Sections 354-A(1), 452, 323, 506, 34 IPC (Annexure P/1). During investigation, Sonu was challaned to face trial, whereas, other accused persons named by complainant were found innocent and kept in Column No. 2. Copy of challan report is Annexure P/2. Said case was contested by complainant and during pendency of trial, complainant filed application under Section 319 Cr.P.C. for summoning of additional accused namely Monu, Parul, Jyoti, Bharti, Mukesh, Renu, Chhotu, Anita and Sunita, which was declined by learned Judicial Magistrate Ist Class, Mewat vide detailed order dated 08.02.2017 (Annexure P/3). Complainant Shashi Devi also filed criminal revision against order dated 08.12.2018, whereby her application under Section 216 Cr.P.C. was dismissed by learned Judicial Magistrate Ist Class, Mewat and revision preferred by complainant/respondent No. 2 was also declined vide detailed judgment dated 13.02.2019 passed by learned Additional Sessions Judge, Mewat (Annexure P/4). At present, Sonu who faced trial in aforesaid FIR bearing Criminal Case No. 42/2015 is also acquitted of the charges framed against him vide judgment dated 07.03.2019 (Annexure P/5) passed by learned Judicial Magistrate Ist Class, Nuh. In