UMDA RAM Vs. RUPA DEVI

JUDGEMENT

(1.) The petitioner is 80 years of old retired ex-serviceman and has sought quashing of criminal complaint and also all subsequent proceedings being instituted against him by the respondent under Sections 354, 341, 504 and 506 Penal Code and is pending adjudication in the Court of learned Judicial Magistrate 1st Class, Jogindernagar, District Mandi, H.P.

(2.) In the complaint it was alleged that on 19.9.2017 at about 6.00 p.m. when the complainant was returning from her field and going towards her residence then at that time the petitioner stopped her and caught hold of her right hand with bad intention and told her that "Randi ether udhar ghumti reheti hai per peshi mei hazir nahi hoti hai". Upon this, she raised hue and cry and on hearing her cries, her husband came out of the house and upon warning given by him (husband), the petitioner left her by saying that he would see her. Even though, the alleged incident was stated to have taken place on 19.9.2017, however, the complaint came to be filed against the petitioner only after a delay of 4 days i.e. on 22.9.2017 and this delay in fact forms the anchor-sheet of the petitioner's case assailing the maintenance of the criminal complaint. In addition thereto, quashing of the complaint is sought on the ground that the complainant/respondent apart from examining herself and her husband has failed to examine any independent witness, therefore also, the complaint was liable to be quashed.

(3.) Lastly, quashing is sought on the ground that there is animosity and enmity between the petitioner and the respondent and, therefore, he has been falsely implicated in the case and the same should therefore be quashed.