LAXMI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 482 Cr.P.C., 1973 seeking setting aside of order dtd. 19/9/2016 passed by learned Judicial Magistrate 1st Class, Charkhi Dadri, whereby the application under Sec. 319 Cr.PC filed by the petitioner-complainant for summoning of respondent No.2 as an additional accused, was dismissed.

(2.) Challenge has also been laid to order dtd. 5/9/2017 passed by learned Additional Sessions Judge, Charkhi Dadri vide which the order dtd. 19/9/2016 passed by learned Magistrate was upheld and the revision petition filed by the petitioner-complainant was dismissed.

(3.) Briefly stated, on the statement of the petitioner-complainant, FIR No.67 dtd. 11/4/2014 under Ss. 323, 325 and 506 read with Sec. 34 IPC was registered at Police Station Baund Kalan, District Bhiwani on the ground that on 9/4/2014 at about 05.30 P.M., the complainant had gone to her plot to bring woods. Accused Neelam wife of Sandeep was also present in the plot. The plot is in joint holding of her husband and two brothers, namely, Lal Singh and Dharambir. The complainant asked Neelam to remove the woods lying in the passage. But Neelam caught hold of the complainant from her hair (Choti) and threw her on the ground. She started giving fist and kick blows to the complainant. Thereafter, the complainant had gone to her house and a meeting of family members was convened, where respondent No.2 Sandeep and his wife Neelam had apologized in presence of the family members of the complainant.