NEELAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing of the order dated 31-1-2006 and order dated 29-4-2006 passed by the Sub-Divisional judicial Magistrate, Safidon and for quashing of fir No. 203 dated 4-5-2006 registered under Sections 306, 34, I. P. C. at Police station Safidon, District Jind, in compliance with order dated 29-4-2006 passed by the sub-Divisional Judicial Magistrate, Safidon.

(2.) IT has been stated by the petitioners that petitioner No. 1 was married with one sunil Kumar s/o. Kitab Singh on 10-11-2002. Two children out of their wedlock were born. Petitioner No. 1 left the matrimonial house of her husband, Sunil Kumar on 26-11-2005 along with her children with the consent of her husband. On the night of 29-11-2005, petitioner No. 1 was informed by her-in-laws that her husband is no more. On reaching Safidon, Kitab Singh-respon-dent No. 2, who is father of her husband, informed the petitioner No. 1 that Sunil kumar, husband of petitioner No. 1 had committed suicide. But later on she came to know that her husband was killed by kitab Singh and other family members. She filed a complaint dated 14-12-2005 to S. P. Jind but before that she was thrown out of her matrimonial house on 11 -12-2005. The application of petitioner No. 1 was marked to the S. H. O. , Police Station, Safidon for inquiry. On 8-1-2006, Sh. Manbir Singh, S. H. O. Police Station Safidon called both the parties and recorded statement of Kitab singh-respondent No. 2. After recording of the statement, no further action has been taken thereon.

(3.) IN the meantime, in order to save his skin, Kitab Singh-respondent No. 2 filed a complaint against the petitioners by fabricating a false suicide note in the Court of sub-Divisional Judicial Magistrate, Safidon dated 30-1-2006. The Court took cognizance of this complaint and after recording the statement of Kitab Singh-complainant sent the complaint under Section 202 of the Code of Criminal Procedure for enquiry to the D. S. P. , Safidon vide order dated 31-1-2006. On receipt of enquiry report of the D. S. P. , safidon, the Court sent the complaint to the s. H. O. Police Station Safidon under Section 156 (3)of the Code of Criminal Procedure for registration of the case vide order dated 29-4-2006, in compliance whereof FIR no. 203 dated 4-5-2006, under Sections 306, 34,1. P. C. was registered at Police Station Safidon.