LAKHAN SINGH Vs. BALBIR

JUDGEMENT

(1.) The inherent powers of this Court are invoked to quash the criminal proceedings of Case No. 326 of 1984 under section 500 I.P.C. initiated on the summoning order dated 19.5.1984 passed in the above mentioned complaint case.

(2.) The contents of the complaint are that Smt. Girisha Kumari ( petitioner no.2) was married to Birbal Singh, the brother of the complainant Balbir; that Smt. Girisha Kumari earlier lodged a case against the complainant Balbir Singh that he confined her in a room and had raped upon her. The said case lodged by the petitioner Smt. Girisha Kumari ended in acquittal. Balbir Singh (the sole opposite party), therefore, filed a complaint u/s 500 I.P.C. wherein the summoning order dated 19.5.1984 was issued against the petitioners hence they have filed this petition to quash the said summoning order as also the criminal proceedings mentioned above.

(3.) The petitioners' counsel contended that Smt. Girisha Kumari was already a victim of sexual exploitation by the elder brother of her husband that she couraged to lodge the F.I.R. against Balbir; that despite her victimisation Balbir Singh was not convicted. Moreover he has filed a complaint of defamation against the petitioners. He pleaded that the quashing of the impugned order and of the proceedings pending in the court below is in the interest of justice. He also relied upon the pronouncement given by the Hon'ble Apex Court in "Common Cause" A Registered Society through its Director Vs. Union of India and others reported in (1996) 4 S.C.C. 33 and drew my attention to Para 2(f) of the said ruling. The Hon'ble Apex Court has held as under :-