HALKI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONERS have filed this writ petition seeking quashment of an FIR lodged against many persons of their family including their husbands for offences under Section 147, 148, 149, 307, 332, 353 IPC and also prays that for the acts of Respondent Nos.6 to 9, an FIR on the complaint made by the petitioners on 6.2.2009 be registered and they be proceeded with.

(2.) BOTH the petitioners claimed that they are rustic villagers and are house wives. It is said that on the date of the incident i.e. on 16.5.2009, Respondent Nos.6 to 9, who are police officers, entered their house at about 3 pm with mala -fide intention, when the male members of their family were out of the house. Out of these persons, one of them was wearing a police uniform and others were in casual dress. It is said that they illegally tress passed into the house of the petitioner while male members were not there and tried to commit rape upon them, the petitioners raised an alarm for rescue thus the male family members of the petitioner and several other villagers rushed to the place of the incident, Respondent Nos.6 and 7 attacked these persons and made them to flee from the place of the incident and because of the assault of the respondents, husband of Petitioner No.1 and many other persons sustained grievous injury. It is said that the incident took place as narrated herein above and then on a false complaint made by Respondent Nos.6 to 9, case against the petitioner and other family members has been registered but no action is taken against Respondent Nos.6 to 9 in the matter of the acts committed by them for tress passing into the petitioner's house and their attempts to commit rape upon them.

(3.) ACCORDINGLY , making a prayer that the FIR registered in the Police Station Kudila District -Tikamgarh against the petitioners' husbands and their family members be quashed and consequential FIR against Respondent Nos.6 to 9 be registered and they be prosecuted, this writ petition has been filed. In support of the aforesaid contention, exhibit -P1 X -ray report of the husband of Petitioner No.1 and exhibit -P2, a communication and complaint made to the police authority, i.e. Superintendent of Police regarding incident is filed.