PANKAJ AGARWAL Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the judgment dated 23.12.2016, passed in criminal revision no. 91 of 2016, Pankaj Agarwal vs State of Uttarakhand, passed by Addl. Sessions Judge II, District Nainital and order dated 21.07.2016, passed by Addl. Chief Judicial Magistrate, Haldwani, District Nainital in criminal case no. 2607 of 2014, State vs Jyoti Singh and another, as also entire proceedings of criminal case no. 2607 of 2014, State vs Jyoti Singh and another, under Sections 389, 420, 504, 506 IPC, police station, Haldwani, pending before Addl. Chief Judicial Magistrate, Haldwani, District Nainital.

(2.) An application for discharge was moved on behalf of the accused-applicant. Learned Addl. Chief Judicial Magistrate, Haldwani by an elaborate order dated 21.07.2016, dismissed such an application and found that there was sufficient material on record to frame the charge against the accused-applicant. Aggrieved against the same, accusedapplicant preferred criminal revision, which was dismissed by learned II Addl. Sessions Judge, Nainital, vide order dated 23.12.2016, again, by an elaborate order. The Court need not repeat the grounds on the basis of which such application was dismissed. Still feeling aggrieved against the same, present application under Section 482 Cr.P.C. has been filed by the accused-applicant expecting that this Court will exercise its inherent jurisdiction to come to his rescue.

(3.) Fir against the accused-applicant and another was sent by the complainant (respondent no. 2 herein) from jail, alleging therein, that the complainant was appointed on the post of Finance Officer, in the Directorate of Training and Employment, Haldwani in June 2011. In February 2012, Jyoti Singh started working as Junior Assistant through UPNL. Divorce was granted to the complainant by Family Court, Allahabad in March 2010, an appeal against which was pending before Hon'ble Allahabad High Court. Firstly, in August 2012, Jyoti Singh sent an SMS and thereafter she started making contact with him on one pretext or another. Jyoti Singh told the complainant that she is not happy with her husband, who used to beat her and is a characterless person. In November 2012, Jyoti Singh put marriage proposal before the complainant, on which he told her that he will only marry her after finalization of the divorce case. Her sisters also gave their consent to this. Jyoti Singh and Pankaj Agarwal filed a divorce case, with mutual consent, in Decemebr 2012, which was decided in February 2013, but Jyoti Singh and Pankaj Agarwal, used to live as husband and wife even after getting divorce. In order to show trust on me, Jyoti Singh made the complainant as nominee in SBI General Policy and showed her relation as spouse. In the meantime, complainant and accused visited Kwaja Sharif Dargah, Ajmer; Shridi Mandir and at various temples in Haridwar for darshan and performed religious service together. Jyoti continuously used to extort money from the complainant in the name of her children and husband. As the complainant had full belief that after finalization of his divorce case, Jyoti Singh will marry him, so he introduced her to his family members, close friends and colleagues of his office. Jyoti used to visit the complainant with her freewill and used to take money from him and usually stays at the house of Pankaj. Jyoti and Pankaj continuously used to demand money from the complainant and on being refused, Pankaj quarrels with the complainant by threatening him to implicate in a false case. Pankaj also used to threat the complainant on his father's mobile no. 9450619233. When the divorce case of the complainant got finally adjudicated, he asked for marriage, then Pankaj demanded a sum of Rs. 25 lakhs and Jyoti used to give him a slip on marriage on one pretext or other. On 31st December 2013, complainant straight away told Jyoti that if she will not marry him now and not restrain herself from going to Pankaj's house, then he will not pay any money to her, as a consequence, Jyoti lodged an FIR no. 26 / 14 against the complainant on 12.01.2014, in police station Kotwali. Complainant received a charge sheet from the court of ACJM, Haldwani on 10.06.2014 which makes it apparent that none of the neighbours of Jyoti and Pankaj was aware that they were divorcee and only for name sake only and with the intention of blackmailing the complainant got divorce by filing false affidavit in the court. Jyoti Singh could not produce any evidence before I.O. Punita Balodi that she had ever proposed the complainant and he had refused the same. Whereas, the complainant had produced the SMSs wherein Jyoti Singh had demanded money and the complainant had made proposal of marriage to her. Various photographs where the accused was seen with the family members of complainants were also filed. Jyoti Singh remained in constant touch even after lodging of FIR and told that she will change her statement on receiving the money. Jyoti Singh, even in the FIR lodged by her, could not disclose anything regarding said MMS to the I.O. Therefore, it is requested that criminal case be registered against Jyoti Singh and Pankaj Agarwal under relevant Sections in respect of cheating, blackmailing, defamation and for hatching criminal conspiracy.