Criminal Misc. No. M-37355 of 2011(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-37355 of 2011(O&M) Date of Decision: December 12, 2011 Jeeta Ram ... Petitioner Versus Sunita Devi and others ... Respondents CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.N.S.Behgal, Advocate, for the petitioner. NAWAB SINGH J.(ORAL) By this petition under Section 482 of Code of Criminal Procedure (for short `CrPC'), quashing of complaint dated April 11th, 2011 titled “Sunita Devi vs. Jeeta Ram and another” under Sections 97 and 98 CrPC (Annexure P1), pending in the court of Sub Divisional Magistrate, Bilaspur, is sought. 2. Sunita Devi – respondent No.1, who is a widow, has alleged in the complaint that her minor daughter Rekha Rani has been forcibly taken away by the petitioner. She has been confined in the house of the petitioner and her movements have been restricted. Petitioner along with his brothers wants to grab the property of the complainant and a civil dispute is already pending between the parties. 3. The submission of the learned counsel for the petitioner is that the complainant is of unsound mind and unable to look after her two minor children. Custody of Rekha Rani is with the petitioner and she is a regular student of Government Primary School. Brothers of the complainant have an evil eye on her property. The complaint is made at their instance, so that after taking the custody of the minor child, her share could be sold. Criminal Misc. No. M-37355 of 2011(O&M) [2] 4. The plea raised on behalf of the petitioner is a disputed question of facts. The allegations levelled by Sunita Devi in the complaint (Annexure P1) against the petitioner cannot outrightly be rejected, at this premature stage. It shall not be proper to consider the defence of the accused or conduct a roving enquiry in respect of the merit of the accusation while hearing a petition under Section 482 CrPC. 5. Hence, finding no merit in the petition, the same is dismissed. December 12 , 2011 ( NAWAB SINGH ) `gian' JUDGE