KHAN MOHAMMAD Vs. TALIB HUSSAIN

JUDGEMENT

(1.) Shri Khan Mohammad, petitioner, has approached this Court by way of this petition under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter shortly referred to as "the Code"), for quashing order dated 6-11-1993 passed by the learned Chief Judicial Magistrate, District Mandi.

(2.) The dispute is in between the father-in-law and the son-in-law. Latter is the complainant who has initiated criminal proceedings against the former, his father-in-law. The daughter of the. petitioner was married to the complainant in the year 1990. However, pursuant to a writing on 31-1-1992, allegedly, divorce had been effected in between the parties. After the divorce, the petitioner along with his parents was handed over articles and the money belonging to his former wife (daughter of the petitioner) as per amicable settlement arrived at. It is alleged that on 31/10/1993 at about 2.00 p.m., the complainant accompanied by S/Sh. Sunder Singh and Hari Singh, while proceeding to Sunder Nagar, met the petitioner at Dadaur. He inquired the petitioner as to why he had not handed over the articles to his daughter, who had proceeded against him in the Court of Chief Judicial Magistrate, Nahan. On this inquiry, the accused is stated to have used abusive language, labelling him to be a "Beiman" and "Badmash". The complainant controlled himself, otherwise there would have been breach of peace. However, when he asked the accused not to call him names, he used the above said abusive language and further added that he (complainant) had stolen the articles and money of his daughter. It is alleged that thereby his reputation was lowered in the eyes of the general public and defamed because of the false allegations levelled against him. Further allegation is that when the complainant asked him not to charge him with such false allegations, the petitioner threatened him with dire consequences.

(3.) The Court of learned Chief Judicial Magistrate, recorded the preliminary evidence, consisting of the complainant and one another witness. Vide the impugned order, he directed the issuance of summons to the petitioner for the commission of the offences punishable under Sections 417, 500, 504, 506 and 406 of the Indian Penal Code. The impugned order reads :