MAJHAR PAPOO Vs. STATE

JUDGEMENT

(1.) In this petition under Section 482, Cr.P.C. the petitioners seek quashment of FIR No. 15/2001 under Section 498-A. IPC, PS Bara Hindu Rao as also setting aside of the order directing issuance of summons to them to face trial in the proceedings emanating from the said FIR.

(2.) .Copy of FIR No. 15 / 2001 registered on 17/01/2001on the complaint Of Smt. Guleshadabad made to Incharge, Crime Against Women Cell, North District, is placed at pages 24 to 26 whereas copy of complaint on the basis whereof FIR came to be registered is at pages 31 to 37 on the file. Indisputably, petitioners are the brothers-in-law (Devars) of Smt. Guleshadabad, complainant. It is also not in dispute that said FIR does not contain any allegation constituting the offence under Section 498-A, IPC against the petitioners. It was contended by Mr. M.N. Dudeja for State that criminal liability for the offence under Section 498-A, IPC is sought to be fastened against the petitioners on the basis of second supplementary statement of the complainant. It is alleged in this supplementary statement that the complainant's husband, mother-in-law, brother-in-law-Munna, Majhar @ Papoo, Mohsin @ Guddu and Fazal-ur-Rehman as also sister-in-law used to ask her for bringing money from her parents and when she declined to do so, all of them beat and hurl filthy abuses to her. In my view, this statement could be considered when some allegations was made in the FIR/complaint against the petitioners and not otherwise. Categories of cases wherein power under Section 482, Cr.P.C. can be exercised either to prevent abuse of process of Court or otherwise to secure the ends of justice, have been summarised in para No. 108 on Page 629 of me decision in State of Haryana and Others v. Ch. Bhajan Ltd and Others, AIR 1992 SC 604, and categories 1 and 3 which are material, are reproduced below;

(3.) . Obviously, present case is covered by the said categories and proceedings emanating from said FIR No. 15/2001 and summoning order qua the petitioners, thus, deserve to be quashed/set aside.