GEETA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.87 dated 22.2.2013 (Annexure-P.8) registered for the offences under Sections 419, 420, 452, 467, 468, 471 and 506 IPC at Police Station Model Town, Panipat and all subsequent proceedings arising therefrom.

(2.) It is mainly stated in the petition that the petitioner is residing at Dharangdhara (Gujarat) and is working as P.G.T. (Computer Science) in Kendriya Vidyalaya, Dharangdhara. She is performing her duties sincerely and honestly and is living with her daughter, who is aged more than nine years. Respondent No.2-complainant is the husband of the petitioner and she has been falsely implicated in the instant case. It is stated in the petition that the petitioner belongs to 'Chamar' caste, which falls under scheduled caste category as per the government notification. Respondent No.2- complainant belongs to 'Nai' caste, which is in the category of Other Backward Class (OBC). The petitioner and respondent No.2 had performed their inter-caste love marriage as per Hindu rites and ceremonies on 23.6.2002 and a female child was born out of this wedlock. After the marriage, matrimonial dispute arose. It is also the case of the petitioner that she belongs to 'Chamar' caste, which is a lower caste and respondent No.2 pressurized her not to disclose it to anyone. In the year 2007, the petitioner applied for the post of P.G.T. (Computer Science) in Kendriya Vidyalaya Sangathan (Central School Organization). At the time of interview also, respondent No.2 insisted that the petitioner is married to him and she is entitled to apply in OBC category. Since the petitioner is a Scheduled Caste by birth, she was otherwise also entitled for reservation in the matters of employment, being a scheduled caste by birth. But respondent No.2 himself made efforts and insisted that the petitioner had become OBC and she should apply in the said category after her marriage. However, the petitioner did not want to conceal anything from the Central School Organization and even at the time of her interview, she disclosed to the authorities that she actually belongs to a scheduled caste category.

(3.) However, as her husband belongs to 'OBC' and she was claiming 'OBC' category as per the caste of her husband. The copy of the check-list prepared by the Central School Organization has been annexed as Annexure-P.1 and the petitioner had shown both the 'SC' and 'OBC' certificates issued to her. The petitioner lodged FIR on 7.6.2010 against respondent No.2 for the offences under Sections 323, 342, 498-A, 506 and 34 IPC and challan had already been presented. Again another FIR was registered against respondent No.2 on 12.6.2010 for the offences under Sections 147, 149, 323, 427, 452 and 506 IPC and Section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act.