JAGPAL SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 9.6.2011 passed by the Additional Chief Judicial Magistrate-I, Kheri summoning the petitioners under Section 307, 504, 506 IPC and other accused, who have been summoned under Sections 504 and 506 IPC.

(2.) Initially, an FIR on a complaint of Rajvinder Kaur was registered at Case Crime No.1179 of 2009, under Sections 307, 504, 506 IPC against the petitioners and four others. The complainant is estranged/divorced wife of the petitioner. Allegations in the FIR are that on 18.9.2009 at around 7.30 PM the petitioners and other accused came to the house where the complainant was residing and pressurised her to compromise in the case which she had instituted against him. When the complainant refused to compromise, she was assaulted and a fire hit on her left hand.

(3.) Police investigated the aforesaid offence and filed the final report saying that no evidence for commission of offence, as alleged in the FIR could be collected and neither any evidence was available, therefore, the investigation was closed and final report under Section 173(2) Cr.P.C. was submitted. It was further said that under Section 182 Cr.P.C. the proceedings should be drawn against the complainant. The complainant, thereafter, filed protest petition. Her statement was recorded under Section 200 Cr.P.C. and the statements of three witnesses were recorded under Section 202 Cr.P.C. Learned Magistrate after considering the statements of the complainant and three witnesses, has summoned the accused including the petitioner and others as mentioned above.