Meena v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-A-1810--2019 (O & M) Date of decision: 26.11.2019 Meena .... Applicant V/s State of Haryana and others

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Ms. Mannu, Advocate, for Mr. Abhimanyu Singh, Advocate, for the applicant.

***** RAJAN GUPTA , J. (Oral) This is an application under Section 378(4) Cr.P.C. seeking leave to appeal in a case in which the accused have been acquitted of the charges framed against them.

The incident pertains to 17.02.2014. It is alleged that the prosecutrix (applicant herein) was assaulted and sexually harassed by the accused to trespass in her house. The husband of the prosecutrix got her medically examined in a hospital at Bhiwani. He, thereafter, filed a complaint under Section 156(3) Cr.P.C on 30.04.2015. The trial court proceeded to summon the accused vide order dated 31.07.2018. The accused surrendered and, thereafter, were released on bail. During the trial, the complainant did not examine any other witness except those examined at pre-charge stage. The trial reached its culmination. Statements of the accused were recorded under Section 313 Cr.P.C. They pleaded innocence SUKHPREET KAUR 2019.11.29 10:46 I attest to the accuracy and integrity of this document and also false implication on the ground that on their complaint, police had

CRM-A-1810--2019 (O & M) ::2::

registered an FIR No.118 dated 17.02.2014 under Sections 323, 341 and 506 read with Section 34 IPC at Police Station Sadar Bhiwani against the family members of the complainant-prosecutrix. Present complaint was only a counter-blast to the same. It also analysed other evidence available on record and found that dispute between the parties was emanated from a construction which has been raised by the husband of the complainant. As a result of the construction, the drains were used to get blocked. This was a case of constant bickering between the residents of the locality. On perusal of the judgment of the court below, we find no ground to grant leave to appeal. Same is without any merit and is hereby dismissed.

CRM-23523-2019 Since the main application under Section 378(4) Cr.P.C. has been dismissed, no order needs to be passed in this application. (RAJAN GUPTA) JUDGE (MANJARI NEHRU KAUL) JUDGE November 26, 2019 sukhpreet Whether speaking/reasoned : Yes Whether reportable : No SUKHPREET KAUR 2019.11.29 10:46 I attest to the accuracy and integrity of this document