RAKESH KUMAR AND OTHERS Vs. REENA AND ANOTHER

JUDGEMENT

(1.) Petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.16 dated 28.2.2006 under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act for short) and Sections 452, 323, 506, 34 of the Indian Penal Code, 1860 (IPC for short) (Annexure P-2) as well as order dated 6.7.2012 (Annexure P-4).

(2.) Respondent No.1 has filed the complaint (Annexure P-2) against the petitioners alleging therein that she belonged to Ravidasia caste. She had got married to Vikram Kumar, who belongs to Arora Caste. Petitioners are the relatives of Vikram Kumar. Petitioners were opposed to the marriage of the complainant with Vikram Kumar. Complainant was residing with her husband in a portion of the house, whereas, in the remaining portion of the house, petitioners No.1 and 2 were residing with their family. The complainant was working as a teacher in Anganwari and she was abused by petitioners No.1 and 2 with regard to her caste. On 14.2.2006, complainant moved an application before the police for taking action against petitioners No.1 and 2. Thereafter, all the petitioners came to the house of the complainant under the influence of liquor at 6.30 P.M. and abused her in the name of her caste. Petitioners slapped the complainant and misbehaved with her. When the complainant raised alarm, the petitioner fled away from the spot. Complainant moved an application before the police but no action was taken on the said application. Hence, the complaint was filed by the complainant.

(3.) Learned counsel for the petitioners has submitted that the complaint in question had been lodged as civil litigation was pending between the father-in-law of the complainant and petitioners No.1 and 2. The complaint moved by the complainant had been duly investigated by the police and the allegations levelled in the application were found to be false.