JUDGMENT Parmeshwar Dayal, J. - This petition has been filed by Ganga Ram and six others for quashing the proceedings arising out of the complaint case vide Annexure No. 1 pending in the Court of 3rd Additional Munsif Magistrate, Barabanki. 2. Smt. Asha Devi wife of opposite party No. 1 Sri Krishna lodged F.I.R. on October 5, 1984 at 5 p.m. in P.S. Rudauli alleging that on October 4, 1984 at about 5 p.m. the accused petitioner No. 1 Ganga Ram, No. 2 Smt. Nankai, No. 3 Km. Ragheshwari and No. 5 Chhotai assaulted her by kicks and fists. It has further been the case of the informant that bis daughter named Guddi was mentally retarded and the petitioner No. 3 Km. Ragheshwari used to torture her, they living in the neighbourhood she and her husband were away on October 4, 1984 and on their returning back to their house, Guddi informed that she was beaten by the petitioner No. 3 Km. Ragheshwari ; Smt. Asha Devi went to the bouse of the aforesaid four accused persons to protest and they beat her. She was medically examined on October 6, 1984 at 6 p.m. in the Rudauli P.H.C. and two abrasions were found on her person. 3. The case was investigated by the police and the opposite party No. 1 Sri Krishna filed a complaint dated November 12, 1984 against the 7 petitioner. Apart from the aforesaid four petitioners, the petitioner No. 4 Smt. Mithlesh, petitioner No. 6 Sheo Harakh and petitioner No, 7 Smt. Sushila Devi were also arrayed in the complaint as accused persons. In Para 8, it was mentioned against these three petitioners that they gave a Lalkar, abused and said that Smt. Asha Devi be beaten and on their abetment, Smt. Asha Devi was beaten by the other four accused persons. 4. It is thus obvious that the three petitioners, namely, Smt. Mithlesh, Sheo Harakh and Smt. Sushila Devi were not nominated as accused in the FIR. which was lodged after about 24 hours of the alleged occurrence and the informant was expected to know about all the persons who had participated in committing the offence in question against her. The filing of complaint against these three persona has certainly been an abuse of the process of court, perhaps to vindicate any enmity or ill feeling that might be existing between them and the complainant.
The filing of complaint against these three persona has certainly been an abuse of the process of court, perhaps to vindicate any enmity or ill feeling that might be existing between them and the complainant. As such, this petition partly succeeds and it is allowed to the extent that the proceedings pending against the petitioners Smt. Mithlesh, Sheo Harakh and Smt. Sushila Devi, pending before the 3rd Additional Munsif Magistrate, Barabanki are quashed. The proceedings against the remaining petitioners shall continue. The stay order is vacated. The petitioner is disposed of accordingly.