NEETA ADARSH Vs. STATE AND ORS

JUDGEMENT

(1.) Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C.), petitioner seeks quashing of the order dated 17.05.2018, passed by learned 3rd Additional Munsiff, Jammu whereby it has been held that no direction can be passed under Section 156(3) of Cr.P.C to the police to investigate the matter and the complaint has been dismissed.

(2.) The factual matrix of the case is that petitioner filed a complaint u/s 376/109 read with Section 34 and 120-B of RPC against respondent Nos. 2 to 4 pleading therein that the petitioner in the year 2008 in connection with her training hired rented accommodation in the House of respondent Nos.2 to 4 i.e., JDA-22 New Rehari Jammu w.e.f. 17th July, 2008 on monthly rent of Rs.2,400/-. The petitioner used to pay monthly rent to the respondents, but the respondent No.4 exploited the emotions and sentiments of the petitioner by saying that the petitioner is like a daughter knowing well that the petitioner belongs to a Scheduled Caste community and the respondents 2 to 4 are from Brahamin community. The petitioner has pleaded in the complaint that with the passage of time the petitioner/complainant being alone at Jammu fell prey to the sentiments expressed by respondent No.4 and the petitioner was made to work as household apart from doing her training. It is further submitted that the petitioner completed her training and got a job in Govt. Medical College Jammu in the year 2013 against the post of Multipurpose Health Worker on contractual basis, however, in the year 2014 the respondent No.2 suffered some bleeding problem and the petitioner being an employee in Medical Department was requested by respondent Nos.3 and 4 to seek appointment from Dr. Sanjeev Bhat and on examination of respondent No.2, the petitioner came to know that the respondent No.2 is suffering from BSD which had turned very serious because of nontreatment at an early stage. It has been further stated in the complaint that the Doctor Sanjeev Bhat advised the respondent No. 2 to take medical treatment and it was also advised to have regular check-up. The respondent No.2 many a times fell unconscious and respondent Nos. 3 & 4 always requested the petitioner to give breathing from mouth to mouth to respondent No. 2. In the complaint it was further stated that respondent Nos.3 & 4 exploited the sentiments of petitioner by saying that the life of respondent No.2 is very short and now the petitioner has to take care of respondent No.2. It was pleaded in the complaint that the petitioner was also forced to accompany respondent No.2 to the doctors and to the utter surprise of the petitioner the respondent Nos.3 & 4 revealed on 9th November, 2014 that the respondent No. 2 has fallen in love with the petitioner and now cannot live without her love and affection. It is stated that respondent Nos.3 & 4 exploited the petitioner to such an extent that the petitioner was requested to give company to respondent No.2 in the night hours also. The respondent No.2 forcibly and without the consent of the petitioner had sexual intercourse with her and thereafter the things became so worst that whenever the petitioner was on her duty the respondent No.2 used to call her on the pretext that he is not feeling well and the petitioner sensing medical problem of the respondent No.2 used to rush at the residence i.e. JDA-22 New Rehari, Jammu of the respondents, after availing leave and on arrival used to find respondents 2 to 4 sitting together. The respondent No.2 on the pretext of taking medicines used to take the petitioner in the room in presence of respondents 3 & 4 and exploit the petitioner by resorting to forcible sexual intercourse. The petitioner objected many a times, but the respondent Nos.3 & 4 consoled the petitioner that the petitioner can only save the life of respondent No.2. It was further pleaded in the complaint that the things and circumstances had gone beyond the control of the petitioner, because the petitioner had been exploited by respondents 2 to 4 to have sexual intercourse without her consent so many times, that the petitioner thought of committing suicide and on 02.09.2016, the petitioner perturbed by the sexual exploitation by respondent Nos.2 to 4 left the rented house and went to end her life at Akhnoor, but the respondent Nos.2 to 4 sensing some adverse circumstances followed the petitioner and in order to overcome any criminal proceedings against them from the petitioner again exploited her and got an agreement of marriage between the petitioner and respondent No. 2 totally against the consent of petitioner. The agreement was executed on 08.09.2016 against the consent of the petitioner because the respondents got the agreement executed only to safeguard themselves from criminal proceedings. It was further pleaded in the complaint that she has been forced to undergo sexual intercourse without her consent by the accused persons and they have committed offence under Section 376/34 RPC with the petitioner. The petitioner further pleaded in the complaint that the petitioner even went to the police, but nothing was done because the respondent Nos.2 to 4 were very influential and high headed persons and police was hand in glove with respondents. Further, respondent Nos.3 & 4 managed an accommodation at New Plot Tali Morh Jammu just to show that the petitioner is no more tenant of respondent Nos.3 & 4. It is stated that respondent No.2 exploited the petitioner even at rented accommodation at New Plot Jammu number of times by committing sexual assault without her consent. The petitioner pleaded in the complaint that the petitioner approached the concerned Superintendent of Police Jammu, number of times, who failed to take cognizance of the case. It is stated that the complaint was filed in the Court of Chief Judicial Magistrate, Jammu which was further transferred to the Court of rd Additional Munsiff (JMIC) Jammu for further adjudication. The learned 3 rd Additional Munsiff Jammu on 24.04.2018 passed an order which is not only illegal, but is contrary to the provisions of law. The learned 3rd Additional Munsiff Jammu dismissed the complaint on the ground that power under Section 156 (3) Cr.P.C. cannot be exercised because a matrimonial dispute under Section 13 of Hindu Marriage Act is pending before the Matrimonial Court, Jammu between the parties and the parents of respondent No.2 has already executed deed of disinheritance in respect of respondent No. 2. The Court below has also rejected the complaint on the ground that the police has already acted upon and as per police report no offence is made out against the respondent Nos.2 to 4, as such, no direction can be issued to the police to investigate the matters under section 156 (3) of Cr P.C.

(3.) Through the instant petition, petitioner seeks quashing of the impugned order dated 17 05.2018 on the following grounds:-