GEETA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition is preferred under Sec. 482 of the Cr.P.C for quashing the complaint no. 21/2015 dtd. 30/4/2015 filed under Ss. 363, 452 and 120-B of the IPC (Annexure P-1) and order dtd. 11/10/2018 passed by learned Judicial Magistrate 1st Class, Bahadurgarh(Annexure P-2) whereby the petitioner has been summoned to face trial for commission of offence punishable under Sec. 363 of the IPC.

(2.) The facts, briefly, are that the petitioner is married to the son of respondent no. 2-complainant and out of the wedlock a daughter namely Prachi was born. However, some matrimonial discord ensued between petitioner and her husband and the petitioner registered a complaint against him and his family, in which he was granted the concession of bail while respondent no. 2 and his wife (mother-in-law of the petitioner) were found innocent during police investigation. The petitioner had also filed a petition under Protection of Women from Domestic Violence Act, 2005 (hereinafter 'DV Act') before Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi.

(3.) Allegedly, on 28/4/2015, an unknown lady, accompanied by a man, came to the clinic of respondent no. 2 complaining of severe abdomen pain due to a kidney stone and while he was preparing the injection for the lady, the man accompanying her entered the house of respondent no. 2 and took his sleeping grand daughter- Prachi and said that their job is done and some people are waiting for them in the Santro car. Thereafter, they hurriedly left the place without even collecting the balance amount. When respondent no. 2 went to the police station to lodge a complaint, he received a mobile call from the petitioner informing him that the minor child-Prachi was with her and he can do whatever he wants to do. Subsequently, respondent no. 2 filed a complaint against the petitioner, her father, mothers, sister and brother who hatched a conspiracy to kidnap his 3 years old grand daughter in collusion with the unknown man and lady who had visited his clinic.