SHIKHA KONDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 read with Section 483 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for quashing of Complaint titled as State Vs. Shikha Kondal (Annexure P-3) under Section 182 of the Indian Penal Code, 1860 (for short 'the IPC) and summoning order dated 16.08.2018 (Annexure P-4) passed by the Judicial Magistrate 1st Class, Mukerian.

(2.) Briefly stated the facts giving rise to filing of the petition are that petitioner lodged FIR No.01 dated 02.01.2013 in Police Station Hajipur, District Hoshiarpur under Sections 323, 354 and 506 of the IPC against Sukhdev Singh @ Sukha on the allegations that she is studying in M.SC. at D.A.V. College Chandigarh and had come to her house for vacations. Her father runs a kiryana shop in the village. On 02.01.2013 at about 5.30 PM when she was present at the shop accused Sukhdev Singh @ Sukha came to the shop and started hurling filthy abuses on her and on being asked not to do so, he got infuriated and by entering into the shop manhandled her and with an intention to forcibly rape her gave a bite on her left arm and by holding her from collar he scratched with nail below her neck and also slapped on her left cheek and had also torn her clothes. When she raised alarm, many persons gathered there on which he fled from the spot while threatening to kill her brother Raja. The occurrence was witnessed by Chander Kanta. On coming to know about the same her parents reached there and took her to the hospital where she was under treatment. The Police investigated the case and arrested the accused on 03.01.2013. On application of one Onkar Singh, enquiry was conducted by Assistant Superintendent of Police, Tehsil Mukerian who found that complainant Shikha Kondal had stopped the accused while going on the road and slapped him and subsequently by self suffering the scratches and making false allegations of molestation lodged false case against the accused at the behest of her father-Lekh Raj on account of earlier incident where sister of accused Sukhdev Singh had levelled allegations against the father of the petitioner. Assistant Superintendent of Police, Tehsil Mukerian had recommended cancellation of FIR and initiation of proceedings under Section 182 of the IPC against the petitioner. In accordance with the above said recommendation, complaint under Section 182 of the IPC was filed by SHO Police Station Hazipur, District Hoshiarpur against the petitioner.

(3.) Feeling aggrieved from filing of the complaint and passing of the summoning order dated 16.08.2018 by Judicial Magistrate 1st Class, Mukerian on the same, the petitioner has filed present petition.