KIROSTA AND OTHERS Vs. DURGA DEVI AND ANOTHER

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure,1973 seeking quashing of the criminal complaint No. 18 of 2010 titled as Smt.Durga Devi vs.Smt. Kirosti and others' (Annexure P1) under Sections 323/325/506/452/34 of the Indian Penal Code (for short 'IPC') and summoning order dated 18.12.2010 (Annexure P2) . Respondent No.1-Durga Devi has filed complaint (Annexure P1) against the petitioners under Sections 323, 325, 506,452 and 34 IPC.

(2.) The case of the complainant-respondent No.1-Durga Devi, in brief, is that on 18.10.2009, she was abused by petitioner No.1- Kirosta at about 4.00 p.m. while she was milching the buffalo. In the meantime, petitioners No. 2 to 4 also reached the spot. Petitioner No.1-Kirosta was armed with Darati' and inflicted blow with it on the left hand of respondent No.1-Durga Devi. Petitioner No.2-Sharmila gave fist and leg blows on the person of the respondent No.1-Durga Devi. Petitioner No.3 -Vijay Singh and petitioner No.4- Hanuman gave slaps to respondent No.1-Durga Devi.

(3.) Respondent No.1-Durga Devi led her preliminary evidence in support of her complaint. The trial Court has passed the impugned summoning order dated 18.12.2010 whereby the petitioners were summoned to face the trial qua the commission of offence punishable under Sections 323, 325 read with Section 34 IPC.