LAWS(P&H)-2013-8-876

YOGESH RANI AND OTHERS Vs. GURPREET ANAND @ NEETU

Decided On August 22, 2013
Yogesh Rani And Others Appellant
V/S
Gurpreet Anand @ Neetu Respondents

JUDGEMENT

(1.) PETITIONERS have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No. 53/3/10 dated 18.9.2010 (Annexure P -1) and all the subsequent proceedings arising therefrom including the summoning order dated 23.10.2010 (Annexure P -2). Learned counsel for the petitioners has submitted that the complaint in question had been lodged by the respondent, husband of petitioner No. 1 against respondent and his family members.

(2.) NONE has appeared on behalf of the respondent.

(3.) A perusal of Annexure P -10, copy of report No. 4 dated 18.12.2008 recorded at the instance of Gurpreet Anand, sister -in -law of the complainant, reveals that she had stated therein that on 16.12.2008 at about 10.30 A.M., petitioner No. 1 started abusing her for no reason. Petitioner No. 1 caught hold of the complainant from her right hand and as a result of this, her bangles broke and she suffered injuries on her hand. Petitioner No. 1 also gave fist and kick blows in her stomach. Thus, in the said complaint, no reference has been made qua theft of any gold articles. The matter was duly inquired by the police and in FIR No. 338 dated 28.5.2009 under Sections 315 /323 /452 /506 IPC registered at Police station City Karnal, a cancellation report was submitted by the police. Gurpreet Anand, sister -in -law of the complainant, filed a protest petition in the said FIR. After recording the statement of Gurpreet Anand and other witnesses, present petitioners, who are also accused in the said case, were ordered to be summoned vide order dated (Annexure P -8).