KANWAR SINGH Vs. STATE OF HARYANA
LAWS(P&H)-2022-7-190
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 18,2022

KANWAR SINGH Appellant
VERSUS
STATE OF HARYANA Respondents


Referred Judgements :-

STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]


JUDGEMENT

RAJESH BHARDWAJ,J. - (1.)Petitioner has approached this Court praying for quashing the FIR No.124 dtd. 10/4/2022, under Ss. 354-B, 354-D, 452, 506 of IPC, registered at Police Station Sadar Mahendergarh, District Mahendergarh along with consequential proceedings arising therefrom on the basis of the merits of the case.
(2.)Admittedly, this is the second round of litigation by the petitioner. Earlier he approached for the same prayer by way of filing CRM-M-23448-2022. However, after arguing for some time, the same was withdrawn with liberty to avail his alternative remedies as available to the petitioner under the law vide order dtd. 31/5/2022. The petitioner has again approached this Court praying for the same relief.
As per the facts of the case, the complaint was lodged by the prosecutrix wherein it was alleged that she was 50 years of age. On 9/4/2022 when she was cleaning the house then Kanwar Singh i.e. the petitioner came inside the house and started molesting her. Despite her repeated request, he kept forcing upon her and did obscene acts with her. On her raising noise, the family members got attracted, due to which the petitioner ran away from the spot by threatening the complainant and her family to be killed. On the basis of the complaint, the FIR was lodged and the investigation commenced. The statement of the prosecutrix was recorded by the learned Sessions Judge under Sec. 164 Cr.P.C. on 12/4/2022. The prosecutrix deposed that the accused had beaten her and he misbehaved with her.

(3.)Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in this case. He submits that petitioner is a senior citizen. He submits that the petitioner has been implicated in this case in a clandestine manner. He submitted that respondent No.2-complainant had accepted that she got married with Jile Singh and hence, the petitioner has lodged FIR No.55 dtd. 4/3/2021, under Ss. 429, 420, 467 of IPC against the complainant for fabricating the record for drawing widow pension. He has submitted that it is because of the same, the petitioner has been roped in the present FIR. He also submits that the petitioner has lodged FIR No.15 against son and brother-in-law of respondent No.2 under Ss. 188, 34, 379 of IPC. He submits that on account of the FIR lodged by the petitioner against the complainant and her relatives, he has been booked in the present FIR. He submits that in view of the settled law by the Constitution Bench of State of Haryana vs. Bhajan Lal, 1992 Supp (1) SCC 335, the prosecution of the petitioner is nothing but an abuse of the process of the Court.


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