KRISHAN KUMAR Vs. SUNIL

JUDGEMENT

(1.) DR . Krishan Kumar has filed this petition under Section 482 of the Code of Criminal Procedure for quashing complaint Annexure P-1 summoning order Annexure P-2 and subsequent proceedings arising out of the complaint Annexure P-2.

(2.) AS per case of the petitioner, the respondent filed a complaint against him and his mother under Sections 406, 489-A and 506 of the Indian Penal Code in the court of Chief Judicial Magistrate, Rohtak copy of which was Annexure P-3. The complaint was fixed for recording the statement of the complainant on 4th May, 1991 but as the complainant did not appear in the court on that day the complaint was dismissed vide order dated 4.5.1991 Annexure P-4. The respondent filed another complaint on the same facts before Additional Chief Judicial Magistrate, Rohtak and on the basis of the second complaint Annexure P- 1, the petitioner and his, mother were summoned to stand trial for the offences under sections 406/498-A, and 506 of the Indian Penal Code as per order dated 24th Jan, 1992 Anne P-2. The respondent deliberately concealed the factum of dismissal of her previous complaint Annexure P-3 by the Chief Judicial Magistrate, Rohtak. The allegations in both the complaints were exactly the same and this second complaint was not maintainable when the first complaint was dismissed for non-appearance of the respondent. The respondent did not file a revision for getting the order Annexure P-4 set aside. The subsequent complaint and the summoning order were abuse of the process of the court and were liable to be quashed. Hence the petition.

(3.) HAVE heard Mr. Varinder Singh learned counsel for the petitioner and Mr. Surinder Singh, learned counsel for the respondent and have perused the record.