KRISHAN KATHURIA Vs. STATE

JUDGEMENT

(1.) Petitioner- Krishan Kathuria has filed the present petition under Section 482 Cr.P.C. for quashing Complaint Case No.790/2010 filed by respondent No.2 in which he was summoned to appear for committing offences punishable under Sections 341/323/506/34 IPC.

(2.) I have heard the learned counsel for the petitioner and the respondent No.2/ complainant in person. Counsel urged that the respondent No.2 filed the false complaint case against the petitioner to wriggle out of the compromise/ settlement agreed to before this Court in civil proceedings. Respondent No.2/ complainant made false allegations that on 29.01.2010, he was beaten by the petitioner and others. There was no material before the Trial Court to proceed against the petitioner for committing any offence. Action taken report/ status report was called from the Police Station Tilak Marg in which it was specifically mentioned that no such incident took place and the allegations were false. Neither did the complainant inform PCR nor medically examined himself. The complaint did not disclose commission of any cognizable offence. No independent public witness was examined in the pre-summoning evidence. The complainant made vital improvements in his deposition before the Trial Court. He is already involved in number of other litigations. The respondent controverted the submissions and stated that the petitioner's intention is to grab his property. He had lodged twenty complaints against him. Police did not take any action on his complaints due to the pressure of the petitioner.

(3.) The complainant/ respondent No.2 lodged report dated 29.01.2010 to Station House Officer, Tilak Marg alleging that at about 11.00 A.M. when he came out of Court No.7, Krishan Kathuria and Madan Mohan caught hold of him from the collar and pushed him violently. They were joined by 2-3 other persons and they started abusing and threatening him. He was manhandled and slapped. His brother threatened him of dire consequences and even hinted to eliminate him. They threatened him to withdraw the case or to consequences. However, no action was taken by the police. The respondent sent representation dated 19.05.2010 to Assistant Commissioner of Police to direct SHO, Tilak Marg to take necessary action. He did not receive any response. He filed complaint case on 10.06.2010. Action taken report was submitted by the concerned Police Station was contested by the complainant. The learned Metropolitan Magistrate after perusing the record and on the basis of the material took cognizance and directed the complainant to lead presummoning evidence. Vide order dated 28.09.2011, considering the deposition of the complainant, the Trial Court was of the prima facie view that there was sufficient material to proceed against the petitioner and Mr.Madan Mohan @ Madan Lal @ Maddi for the aforesaid offences. The petitioner appeared before the Trial Court and vide order dated 04.01.2012 he was admitted to bail. The complainant did not object to grant of bail if condition was imposed that he would not threaten him. The Trial Court accordingly directed the petitioner not to temper with the evidence and not threaten the witnesses or otherwise.