PARTIBHA Vs. SUBHASH

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of Criminal complaint No.1/5.2.10/27.4.12 titled as "Subhash vs. Pratibha" under Sections 3,4 and 5 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Act' for short) and Sections 499, 500 of the Indian Penal Code, 1860 ('IPC' for short) (Annexure P10) and summoning order dated 12.5.2012 (Annexure P11) and order dated 1.10.2012 (Annexure P13) and all subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that a reading of the complaint itself reveals that no offence under the Act could be said to have been committed by the petitioner. Petitioner had got registered FIR No. 187 dated 3.4.2010 under Sections 406,420,341,506 IPC against the respondent at Police Station Civil Lines, Rohtak (Annexure P6). Hence, the complaint in question was a counter blast to the said FIR. Qua the occurrence in question, the wife of the respondent had given a complaint, (Annexure P9/1) to the Police on 02.10.2009 wherein no allegation qua commission of offence punishable under the Act or defamation were made. The complaint was duly inquired by the Police and it was found that the allegations levelled in the complaint were false. However, after three months of the occurrence, the complaint in question had been filed by the respondent. Learned counsel for the petitioner has placed reliance on Gorige Pentaiah vs. State of A.P. and Others, 2008 4 RCR(Cri) 171 wherein it has been held as under:-

(3.) Learned counsel has further placed reliance on Dr. Onkar Chander Jagpal and another vs. Union Territory, Chandigarh and another, 2012 1 RCR(Cri) 931 wherein it was held as under:-