SHOBHA RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the code of criminal procedure praying for quashing of calendra dated 7/11/07 under Section 182 of IPC in FIR No. 8 dated 15/01/07 registered under Section 376(2)(g) IPC at P.S. Farakpur, District Yamunanagar.

(2.) The brief facts necessary for adjudication of the present case are that the present petitioner had lodged an FIR against her brother-inlaw Dhanjit under Section 376(2)(g) IPC. It is the grievance of the petitioner that the FIR was not duly investigated into and all out efforts were made to help the accused. This prompted the petitioner to institute a private complaint on the same cause of action for which the FIR No. 8 had been registered. This private complaint was instituted on 4.5.2007. During the pendency of the complaint the investigating agency opted to file the calendra under Section 182 of the Indian Penal Code on the ground that there was no truth in the statement made by the petitioner and the false allegations were leveled due to a pending property dispute. The present petition has been filed praying for the quashing of the calendra on the ground that the same could not have been instituted during the pendency of the private complaint and the same will tantamount to pre-judging the complaint filed by the petitioner.

(3.) I have heard learned Counsel for the parties and perused the record. The sole issue which arises for consideration in the present case is whether a calendra can be presented under Section 182 of IPC against the complainant, when the criminal complaint is pending and a court of law which is seized of the matter is yet to express its final opinion on the matter.