SATINDER KAUR VERMA Vs. INDU GUPTA

JUDGEMENT

(1.) Prayer in this petition is for quashing of the criminal complaint No. 579/I/08.11.2006 (Annexure P7) dated 08.11.2006 as well as the summoning order dated 27.11.2008 passed by the Additional Chief Judicial Magistrate, Faridabad whereby the petitioner has been summoned to face trial under Sections 465, 466, 468 and 472 of the Indian Penal Code, 1860 (in short 'IPC') and setting-aside the impugned order dated 28.01.2009 (Annexure P9) whereby the revision petition filed against the order dated 27.11.2008 has been dismissed by the Re-visional Court.

(2.) It is submitted on behalf of the petitioner that the petitioner was working as a Lecturer in Hindi subject in Government Senior Secondary School, Rohtak and the respondent/complainant was also serving in the same school on the post of the Lecturer in Chemistry subject. On 21.07.2003, the respondent/complainant filed a civil suit for declaration with consequential relief of mandatory injunction against the State Government alleging that she is senior to the petitioner and, therefore, she is entitled for appointment to the post of Principal prior to appointment of the petitioner on the said post. The civil suit was dismissed by the trial Court vide judgment and decree dated 30.10.2005 and later on, the petitioner was promoted as a Principal.

(3.) Subsequently, on 12.02.2004, a complaint was filed by the respondent/complainant against the petitioner under Sections 420, 468, 471, 469, 500, 109, 120, 166, 167, 170, 463 and 464 IPC and the same was sent to the police under Section 156(3) Cr.P.C., 1973 for registration of a criminal case vide order dated 12.02.2004. Thereafter, an FIR No. 90 dated 08.03.2004 at Police Station Sector 7, Faridabad was registered against the petitioner. During the investigation of the said FIR, a cancellation report was prepared by the investigating agency and the same was submitted on 20.04.2004 (Annexure P3) and after the same was submitted before the trial Court, the respondent/complainant filed a protest petition which was treated as a complaint. The learned Judicial Magistrate vide its order dated 18.11.2009 after allowing the parties to lead their evidence in the shape of oral as well as documentary dismissed the said complaint vide its judgment dated 18.11.2009 (Annexure P5). Thereafter, the respondent preferred an appeal before the Lower Appellate Court which was dismissed by the Sessions Judge vide its order dated 21.01.2011. It is an admitted fact between the parties that this order became final inter se parties as no appeal or revision was filed before this Court challenging the same.