SANGEETA Vs. STATE

JUDGEMENT

(1.) All the three petitions challenge FIR No.408/97, Magistrate's summoning order under Sections 452/506/323/34 IPC and pending criminal proceedings and being identical in fact and law are being disposed of by this common judgment. The petitioners are housewives and so is the complainant (private respondent) Saroj Bahl living in Bijli Apartment Flats at G.T.Karnal Road, Delhi. After having fallen out, they lodged rival complaints at P.S.Model Town leading to registration of two FIRs - FIR No.408/97 against petitioners which is the subject matter of present petitions and FIR No.409/97 against complainant's husband one Sudhir Bahl. Though second FIR is said to have died its own death, the first one is still surviving and raging and it is sought to be quashed along with consequential summoning order and pending criminal proceedings. Hence these petitions.

(2.) Both sides are projecting their own versions. Petitioners claim that they were the first to lodge the complaint against the misbehaviour and indecent conduct of complainant's husband Sudhir Bahl, son of a chartered accountant working with then IG, Police one Ramakrishnan at that time. This annoyed the couple leading to filing of retaliatory complaint by his wife Saroj Bahl on 30.6.1996 alleging that petitioner Kamini and 10 other ladies (petitioners herein) had trespassed into her. flat on 28.6.1996 when she was alone in the house, had beaten her with sandals and had pressed her throat to kill her.

(3.) Initially, no action was taken by the police on this complaint and later FIR No.408/97 was registered 11 months after the alleged occurrence on 23.5.1997. Investigation was first handed over to Narender Singh SI who could not procure any supporting evidence. It was later transferred to SI Ramesh Kumar who obtained statements of two witnesses - Maya Devi, claiming to be the maid servant of complainant and Smt.Inderjeet Sethi, said to be her neighbour under Section 161 Cr.P.C. on 14.6.1998 after about two years of alleged occurrence and police report was filed before MM on 5.7.1998 who took cognizance under Sections 452/506/323/34 IPC and passed the summoning order dated 15.12.1998.