ARVIND SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition under Sec. 482 of Cr.P.C. has been filed for quashing the F.I.R. No. 52 of 2019, dtd. 6/10/2019, registered at Police Station Solan, District Solan and final report pending before the learned Judicial Magistrate First Class, Court No. 1 Solan, H.P. It has been asserted that F.I.R. No. 52 of 2019 was registered on the complaint of respondent no. 2, who stated that petitioner had made some remarks against her. The F.I.R. is nothing but an abuse of the process of law to obstruct the petitioner and the adjoining inhabitants from widening the jeepable road existing on the road adjacent to the land of informant No.2. Petitioner, respondent No.2, Lachhi Ram and other persons are adjoining owners on the spot. One road exists on the spot touching the house of the Lachhi Ram. Respondent No.2 and her family members tried to obstruct it. The petitioner and other neighbours objected to the same. The F.I.R. was registered to prevent them from raising the objection. The residents approached Executive Officer M.C. Solan, H.P. on 6/10/2019 and respondent No. 2 and her family members were restrained from causing any obstruction. When the petitioner came to his home, he found that F.I.R. No. 52/2019 dtd. 6/10/2019, under Ss. 354-A, 509 of IPC was registered against him. He filed an application apprising the SHO about the real facts. The allegations in the F.I.R. do not constitute the commission of any cognizable offence. The F.I.R. has been lodged to give criminal colour to the civil dispute pending between the parties. Respondent No. 2 lodged F.I.R. against Lachhi Ram a day before the incident. Therefore, it was prayed that the present petition be allowed, F.I.R. and final report pending before the learned Judicial Magistrate First Class, Court No.1 Solan, H.P. be quashed.

(2.) The petition was opposed by respondent no. 2 by filing a reply taking preliminary objection regarding lack of maintainability. The contents of the petition were denied on merits. It was asserted that Lachhi Ram had committed an indecent act on 5/10/2019 and F.I.R under Ss. 354 and 504 of IPC was registered against him. Respondent No. 2 also made a statement under Sec. 164 of Cr.P.C. before the learned Judicial Magistrate. Therefore, it was prayed that the present petition be dismissed.

(3.) No reply was filed by respondent no. 1.