RAKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by Rakesh Kumar (hereinafter described as 'the petitioner') seeking quashing of the FIR No. 77, Police Station Cheeka, District Kaithal. The report pertains to offences punishable under Sections 406/498-A IPC.

(2.) THE relevant facts alleged are that respondent No. 2 Nirmala Devi is the wife of the petitioner. She had earlier filed a complaint before the Magistrate. In that case, as per version of respondent No. 2 a compromise took place. The articles of dowry were returned. Another complaint was filed because after compromise respondent No. 2 had started living at village Uchha Chandna. The complaint which resulted in recording of the first information report is dated 29.9.1993. It was presented in the court of Judicial Magistrate Ist Class. The learned Court sent the matter to the Officer-in- charge of the police station for investigation under sub-section (3) of Section 156 Cr.P.C. It was investigated. A report was submitted that no offence is drawn within the jurisdiction of Police Station Cheeka. When the report was received by the learned Judicial Magistrate, the Court took cognizance and directed the complainant to lead evidence. It was adjourned on two occasions for the evidence of respondent No. 2 and thereafter at the request of respondent No. 2, it was again sent to the office-in-charge, Police Station Cheeka for investigation which resulted in registration of the case.

(3.) THE petition has been contested by respondent No. 1 (State of Haryana). It has been contended that earlier the petitioner had filed another petition in this Court which was dismissed. The present petition is an abuse of the process of the Court. It was not disputed that earlier a report had been submitted by the officer-in-charge of the Police Station to the effect that neither the marriage took place within the jurisdiction of Police Station Cheeka nor any harassment was done to respondent No. 2 within the jurisdiction of Police Station Cheeka. The learned Judicial Magistrate again sent the same under sub-section (3) of Section 156 Cr.P.C. Thereupon the first information report had been recorded. After investigation report had been submitted under section 173 Cr.P.C.