GAGANDEEP MALIK Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The instant petition has been instituted under sections 482 Cr. P.C. praying for quashing of the impugned FIR No. 152 dated and 23.10.2016 (Annexure P-1) initially registered under sections 354-A (1), 451, 506 IPC, and subsequently added sections 376, 511 IPC at Police Station Sector 16 Faridabad and the impugned order dated 19.09.2017 (Annexure P-10), whereby application filed by the petitioner under Section 227of Cr.P.C seeking discharge has been dismissed.

(2.) In brief, the facts are that the FIR was registered on the statement of the complainant Rubeena Malik under sections 354-A (1), 451, 506 IPC, with subsequent additions of Sections 376 & 511 IPC at Police Station Sector 16, Faridabad against Gagandeep Malik the petitioner herein and Rajpal Malik. The complainant is the daughter-in-law of Rajpal Malik and sister-in-law of Gagandeep, the petitioner herein. In the FIR, it is alleged that the complainant is a resident of house number B-110, 1st floor, Green Field Colony, Faridabad. On 12.10.2016 at about 8:30 PM after finishing her kitchen work she was going to her room when her father-inlaw who was drunk accosted her and caught hold of her hand and pulled her inside his room. He pushed her on to the bed and tried to outrage her modesty. On the hearing her shouting, her brother Akashdeep came into the room and upon seeing her brother, she was left alone. Thereafter, her fatherin-law started abusing her brother and the complainant by using filthy language and threatened to kill her, in case, the incident was narrated to someone else. After gap of 15-20 minutes a phone call was received from her brother-in-law Gagandeep Malik telling her to ask her brother to leave the house, otherwise she would be taught a lesson. She was also told to obey the dictates of his father, as this house belonged to his father. After investigation, a report was submitted under sections 173 Cr.P.C. and thereafter, an application was preferred under Section 227 Cr.P.C seeking discharge before the Additional Session Judge, Faridabad. After going through the evidence available, the Additional Session Judge, Faridabad came to the conclusion that there is nothing on the record in the statement of the prosecutrix to establish that the accused Rajpal made an attempt to commit rape and at best it is a case of indecent assault upon a woman, and held that Rajpal is guilty of having committed an offence under Sections 354, 451 and 506 IPC and for the petitioner Gagandeep, it was held that there was sufficient material available to frame a charge under section 506 IPC against him, holding the said offences triable by JMIC. The parties were directed to appear before the CJM, Faridabad on 26.09.2017. Aggrieved against the order dated 19.09.2017, passed by the Additional Sessions Judge, Faridabad dismissing the application of the petitioner under Section 227 of the Cr.P.C, as well as was praying for quashing the FIR, the instant petition has been filed.

(3.) Learned Counsel appearing on behalf of the petitioner contends that the entire dispute is in fact on the basis of trumped up allegations in the FIR, since no such incident took place. It is argued that the petitioner herein is running a non-government organisation which works in areas of the Deaddiction and is residing separately from the complainant and his father. Moreover, there is a family dispute regarding property pending between his father and him and against the complainant and her husband. A flat had been purchased by Rajpal Malik in which the complainant was residing in fact, all expenses relating to the education of the complainants minor son was borne by the father-in-law Rajpal Malik. In the year 2010, father of the petitioner applied for a plot of 385 Sq. Yard in residential Seector-2, HUDA, Bahadurgarh and the application form was submitted in the name of the complainant. Plot was allotted to the complainant and all installments towards the plot were paid by the father of the petitioner, since the complainant had no independent source of income. It is only when the complainant was asked to transfer the said plot that a dispute arose, and false allegations have been leveled. It is also submitted that a civil suit has been filed before the Civil Judge (Jr.Divn.), Bhadurgarh which would substantiate the claim that the instant FIR arises on account of a civil dispute.