KAMLESH KUMARI Vs. STATE OF H.P.

JUDGEMENT

(1.) This order shall dispose of all the five applications arising out of FIR No. 139/13, registered under Sections 342, 354B, 382, 323, and 324 read with Section 34 IPC in Police Station, Amb, District Una, H.P. As a matter of fact, this seems to be a case where both parties quarrelled with each other and this has resulted into registration of two cross FIRs. The complainant party in this case i.e. Sushma Dadwal, her husband, Anil Kumar, father-in-law, Devi Singh, mother-in-law, Raksha Devi are accused in the cross case. They have already been released on bail by this Court vide order dated 30.10.2013 passed in Cr. MP(M) No. 11647 of 2013 and its connected petitions.

(2.) The complainant party seems to be running a school under the name and style "Shivalik Public School", Amb in District Una. Complainant Sushma Dadwal claims herself to be its Principal. According to her, on 20.09.2013, while getting the area inside the boundary wall of the school cleaned from the school Peon, accused-petitioners Ashok Kumar, Deepak Sharma and Pratik Sharma came there. Accused-petitioner Ashok Kumar caught hold of her from hairs, whereas his co-accused Deepak Sharma and Pratik Sharma thrashed with kicks and fisticuffs. Accused-petitioners Nidhi Sharma and Kamlesh Kumari also came there. All the accused-petitioners dragged her and taken inside their house. They closed the gate. The main accused-petitioner turned her clothes. On being instigated by accused-petitioner Nidhi to undress her, accused-petitioner Ashok Kumar attempted to open her salwar and thereby outraged her modesty. She was beaten with sticks and assaulted with knife. On hearing her cries, her husband, father-in-law and mother-in-law came to her rescue. They were also beaten up by the accused-petitioners. Accused-petitioner Ashok Kumar removed her golden chain, tops, ear rings, payal and nose pin. The occurrence was witnessed by the neighbours.

(3.) The record reveals that both the parties were neighbour and are inimical to each other. Civil and criminal litigation is pending between them in the Court. Besides the present case, two more cases vide FIR Nos. 89/13 and 97/13 have also been registered against some of the accused-petitioners at the instance of the complainant party. The accused-petitioners belongs to District Una. Although there is a complaint that in the matter of recovery of the weapon of offence they have not co-operated with the investigating agency. Yet the investigation conducted at this stage reveals that during their interrogation, they have denied the allegation of alleged beating and assault and also the removal of ornaments (golden and silver) of the complainant. They being local residents are ready and willing to join the interrogation as and when required. Only to effect the alleged recoveries applications of this nature cannot be rejected. Otherwise also there being cross cases, it is not possible at this stage even to believe prima facie as to which of the party was aggressor. Being so, all the petitions succeed and the same are allowed. There shall be a direction that in the event of arrest of the accused-petitioners in this case, they shall be released on bail subject to their furnishing personal bond in the sum of ' 50,000/- each with one surety each in the like amount to the satisfaction of the arresting Police Officer/I.O. and shall also abide by the following conditions:-