SHASHI PRABHA YADAV Vs. ALOK TRIPATHI

JUDGEMENT

(1.) Heard.

(2.) The dispute between the parties revolves around the property in respect of plot Nos. 72/2 and 72/3 situated at Nehru Nagar, Bhilai. The sale-deed in relation to plot No. 72/3 was executed in favour of the husband of the applicant whereas, the sale-deed in respect of plot No. 72/2 has not been executed as the documents of title were mortgaged with Dena Bank but the possession was handed-over to the applicant and her husband. The sellers, namely, Smt. Kulwant Kaur and Surjeet Singh after handing over the physical possession of both the plots in the year 2009, shifted to Raipur from Durg and promised to execute sale-deed in favour of the husband of the applicant after obtaining documents from Bank. Thereafter, non-applicant No. 1 - Alok Tripathi influenced Smt. Kulwant Kaur and Surjeet Singh, upon which plot No. 72/2 was recorded in the name of non-applicant No. 1 and an agreement to sale to that effect was also executed. Therefore, the husband of the applicant lodged a written complaint before the police but the case was registered under Sec. 155 of the Cr.P.C. Civil suit is also pending in connection with the same plot before the Civil Judge, Class-I, Durg. Non-applicants No. 1 to 18 are close relatives and they reside in same locality where house of the applicant is situated. After filing of the complaint before the police and institution of the civil suit, they got annoyed and forcibly entered into the house of the present applicant when she was alone, assaulted her and tried to outrage her modesty on 4/4/2013 at about 5:30 pm.

(3.) The applicant lodged a complaint in the police station Supela, District Durg but no action was taken. Thereafter, a written complaint was made before the Superintendent of police, Durg on 6/4/2013 narrating the incident. When no action was taken by the police, a complaint case under Sec. 200 of the Cr.P.C. was filed. The statement of the complainant under Sec. 200 of the Cr.P.C. was recorded and thereafter, a case was registered as Complaint Case No. 7569 of 2014 for offences punishable under Ss. 148, 506-B, 294, 323, 427, 452 and 352 of the IPC against the non-applicants vide order dtd. 29/10/2014 passed by the Judicial Magistrate First Class, Durg, consequently, process was issued to the non-applicants.