POOJA Vs. NIDHI @ SARIKA

JUDGEMENT

(1.) Tersely, the facts & material, culminating in the commencement, relevant for deciding the instant petition and emanating from the record, are that the initially, complainant Nidhi alias Sarika respondent (for brevity "the complainant") filed a private criminal complaint (Annexure P1) against Rajiv Sharma (husband), Shashi Pal Sharma (father-in-law), Bali, aunt (Chachi) of husband and her daughter Deepika & son Bunty, for the commission of offences punishable under sections 405, 406 and 498-A read with section 420 IPC in the Court of JMIC Amritsar. The indicated complaint was dismissed in default for want of prosecution, by virtue of order dated 12.8.2005 (Annexure P2).

(2.) Not only that, the petitioner again filed a private criminal complaint (Annexure P4), in which, the accused were summoned to face the trial under sections 406 and 498-A IPC by the trial Magistrate, vide impugned summoning order dated 2.8.2006 (Annexure P5).

(3.) Aggrieved thereby, petitioner Pooja, married sister-in-law of complainant, has preferred the present petition to quash the impugned complaint (Annexure P4) and summoning order (Annexure P5), invoking the provisions of section 482 Cr. PC, inter-alia pleading that the 2nd complaint filed by the complainant was not maintainable, in which, she was wrongly summoned without any cogent reasons. She has been falsely implicated. The very vague and general allegations are alleged against her. It was claimed that Smt. Bali aunt (Chachi) of husband of complainant and her children, who were also summoned along with the petitioner under similar circumstances, filed a petition for quashing the impugned complaint, which was accepted by this Court, by virtue of order dated 19.8.2008 (Annexure P6) passed in CRM No. M-77271-M 2006 titled as "Archana Sharma @ Bali & Ors. Vs. Nidhi alias Sarika". In all, the petitioner claimed that since she has been falsely implicated, so, the impugned complaint and summoning order qua her are also liable to be quashed in this relevant connection. On the strength of aforesaid grounds, the petitioner sought to quash the impugned complaint and summoning order in the manner depicted here-in-above.