GOPAL CHAUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is the petition under Section 482 Cr.P.C., seeking quashing of the criminal complaint dated 31.03.2011 (Annexure P -5) and summoning order (Annexure P -6) dated 20.01.2014 passed by the Judicial Magistrate Ist Class, Hisar whereby the petitioners had been summoned to face trial for commission of offence punishable under Section 506 IPC.

(2.) THE petitioners were running a school in District Fatehabad. Respondent no.2 who is a press reporter published a news item in a weekly newspaper "Hisar Today" on three different occasions highlighting the poor results of the school. One of the news item referred to the high fees being charged without issuing any receipts. On publication of these news items, petitioner no.1 contacted respondent no.2 who agreed not to publish the news item but demanded a huge amount for not publishing against the school and started blackmailing petitioner no.1. Petitioner no.1 met the Superintendent of Police, Fatehabad and filed a complaint against respondent no.2 regarding which FIR No.291 was registered on 30.06.2010 under Section 384/511/500/120 -B IPC at Police Station City Fatehabad. The police started the investigation and final report was submitted against respondent no.2 and two other persons. The has alleged that respondent no.2 started petitioner pressurizing the petitioners as well as the management of their school to compromise the matter but finding that there was no inclination, he filed a complaint against the petitioners and other staff members of the school levelling baseless allegations. The complaint was sent to the police under Section 156(3) Cr.P.C. for registration of the case, resulting in registration of FIR No.678 dated 14.12.2010 under Section 217, 218, 384, 506, 511 and 120 -B IPC at Police Station Civil Lines, Hisar. It was pleaded that the police had found that the complaint was baseless and had been filed to pressurize the petitioners to compromise in the FIR lodged by the petitioners. It was pleaded that the police while submitting the final report sought permission to initiate proceedings under Section 182 IPC and in order to save themselves and to pressurize the petitioners, respondent no.2 filed a protest petition against the cancellation report.

(3.) I have heard the counsel for the petitioners at length and have considered the documents referred to by the counsel for the petitioner.