SANJEEV KUMAR DUA Vs. KASHMIRI LAL

JUDGEMENT

(1.) The summoning order dtd. 15/9/2017 passed by the Court of learned Chief Judicial Magistrate, Faridkot, in a criminal complaint has been reversed by the Court of learned Additional sessions Judge, Faridkot, on 27/11/2018. Aggrieved of the above mentioned order of reversal of summoning order, this petition under Sec. 482 of Cr.P.C. has been filed, whereby quashing of order dtd. 27/11/2018, hereinafter being referred to as "impugned order" only, has been sought.

(2.) In nut-shell, the facts emerging from the record are that the petitioner/complainant, hereinafter being referred as "petitioner" only, filed a complaint in the Court of learned Chief Judicial Magistrate, Faridkot, alleging therein that he is a Lecturer in Senior Secondary School, Bariwala and the respondent No.2 is the wife of petitioner's brother, namely Rajiv Kumar. As per petitioner, they had a joint bank account and the salary of respondent No.2 used to be credited in the above mentioned account. It was further alleged by the petitioner that the respondent No.1, being a greedy person, used to collect salary of the respondent No.2 and he used to interfere in the married life of the brother of petitioner and harassed him. According to petitioner, the respondent No.1 used to instigate the respondent No.2 against the brother of petitioner, and ultimately, the respondent No.2, with an intention to harass her husband, filed a complaint against the brother of petitioner, i.e. FIR No. 49 dtd. 17/8/2009, under Ss. 406 and 498A of IPC. As per the petitioner, in addition to husband of respondent No.2, the mother sister and the brother, too, were implicated in the above-mentioned case as accused, with malafide intentions to harass and harass the petitioner and others. According to petitioner, the respondent No.1 sent a complaint to higher authorities of the petitioner also and he received a copy of above mentioned complaint from his school.

(3.) The petitioner further alleged, in the above mentioned complaint, that false and derogatory allegations were mentioned against the petitioner in the above mentioned complaint. The extract of the same is as under:-