LAXMI DEVI Vs. STATE OF DELHI

JUDGEMENT

(1.) This revision petition impugns the order dated 29th September, 2007 passed by the learned Metropolitan Magistrate directing framing of Crl. Rev. P. No. 689/2007 Page 2 of 9 notice for offence punishable under Section 323/34 IPC against both the Petitioners and for offence punishable under Section 354 IPC against the Petitioner No.

(2.) also the notice framed for the said offences under Section 251 Cr.P.C. 2. The prosecution case in brief is that on 28th July, 2006 an information was received at P.S. Geeta Colony vide DD No. 27/A regarding a quarrel at House No. 1/8, Gali No. 5, Rani Garden, Shashtri Nagar, Delhi. On reaching at the spot HC Om Veer Singh met Smt. Babita and her mother Smt. Joginder Verma who stated that they had received injuries and thus, they were taken to the SDN Hospital. Their examination was conducted and in the MLC the Doctor opined the injuries to be simple blunt. No formal statement was given by them. In view of the situation at the spot HC Om Veer Singh prepared a Kalandra under Sections 107/151 Cr.P.C. which was presented before the Executive Magistrate, Krishna Nagar. Both the parties gave their written statements stating that they have settled the matter and they will live peacefully and create no nuisance in future.

(3.) However, on 22nd August, 2006 Smt. Babita came to the police station and got recorded her statement stating that she was a housewife living with her husband. On 28th July, 2006 at about 7.00 P.M. she had come to visit her mother Joginder Devi at Gali No. 5, Rani Garden, Shashtri Nagar along Crl. Rev. P. No. 689/2007 Page 3 of 9 with her husband and the motorcycle of her husband was parked at a little distance near the house of their neighbour Mahender. Laxmi wife of Mahender came out of her house and started abusing saying that people put their cots opposite their house and also park their vehicle there. Though her mother tried to stop Laxmi however, she started quarrelling. Mahender s nephew Hoshiar Singh along with his associates came to intervene in the matter and gave beatings to her, her mother and her husband. He caught her breast and started doing wrong acts with her along with his associates due to which she sustained injuries including on her breast and also used abusive language against her. Hoshiar Singh also tore her shirt from the front side. Babita further stated that till date she was silent however, now Laxmi and Hoshiar Singh have threatened to lodge a complaint against them under SC/ST Act and that is why she had come to lodge her complaint. On the basis of her statement FIR under Section 323/354/34 IPC was registered and on investigation being conducted a charge sheet was filed resulting in the framing of the notice under section 251 Cr. P.C. which is impugned in the present petition.