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1. The instant petition has been filed for setting aside the order dated 06.11.2015 passed by the Judicial Magistrate 1st Class, Ludhiana as well as the order dated 07.08.2017 passed by Additional Sessions Judge, Ludhiana, whereby the prayer of the petitioner for seeking directions under Section 156(3) Cr.P.C. had been declined.

2. Learned Legal Aid Counsel appearing on behalf of the petitioner contends that the petitioner had filed an application under Section 156(3) Cr.P.C. for registration of case under Section 294, 323, 324, 380, 497, 493, 499, 415 and 415 of the Indian Penal Code, 1860 against respondent No.2. He contends that the marriage between the petitioner and respondent No.2 was solemnized 22 years ago at Ludhiana according to Hindu rites and ceremonies and three children were born from their 1 of 10 254 CRM-M-4042-2018 (O&M) wedlock. A dispute, however, arose amongst the parties and respondent No.2 started picking up quarrels with the petitioner on petty matters. The petitioner was thrown out of his house on several occasions, resulting in the convening of Panchayats. The matter was patched up for the well-being of the children, however, the situation grew worse. Allegations were also levelled with respect to an illicit relationship between respondent No.2 and her paramour-respondent No.3. Counsel contends that the petitioner was threatened by respondent No.2 under the influence of respondent No.3, against which a complaint had been submitted by the petitioner, however, as no action was taken, hence, the instant complaint had been filed before the Illaqa Magistrate for issuance of directions to register the FIR. The said prayer was not accepted and the complaint was dismissed by the Illaqa Magistrate, against which a criminal revision was preferred. The said criminal revision was also dismissed by the Additional Sessions Judge, Ludhiana, against which the instant petition has been filed.

3. I have heard the learned counsel for the complainant and record has been perused carefully. The 1st allegation of the complainant xxx accused persons is under section 294 of IPC. But there is no evidence on record and even both the witnesses have not deposed on the alleged offence under section 294 that any obscene act was done by the accused persons at any public place. The 2nd allegation against the accused persons is under section 323 and 324 of the IPC. In his complaint the complainant stated that 3/4 days prior to filing of the present complaint both the accused assaulted the complainant thereafter the complainant got himself medically 3 of 10 254 CRM-M-4042-2018 (O&M) examined for which the complainant has placed on record MLR dated 17.03.2015. The present complaint has been filed by the complainant on 11.09.2015. There is contradiction regarding the date of alleged occurrence. According to the version of complainant the alleged occurrence must have occurred in the month of September 2015 but the MLR produced on record is on the month March 2015 which is very much prior in time to the date of occurrence. Moreover CW2 deposed that accused number 1 along with his brother has assaulted the complainant. But the complainant himself deposed that accused number 1 along with accused number 2 has assaulted the complainant. Therefore there is direct contradiction with regard to testimony of both the witnesses. Therefore if cast shadow of doubt on the testimony of both the witnesses regarding offence under section 323 and 324 of IPC. Further the complainant has made allegations under section 497 and 493 of IPC but there is not even a single iota of evidence to substantiate the version of complainant regarding offences under section 497, 493 and 380 of IPC. There are just vague allegations. Further complainant has made allegations under section 499, 415, 405 of IPC but there is no evidence regarding defamation and publication of any defamatory remarks by the accused persons. Further there is no single place of evidence regarding the alleged offence 4 of 10 254 CRM-M-4042-2018 (O&M) under section 405 and 415 of IPC. There is no evidence on record with regard to entrustment of any property to the accused persons moreover no proof of cheating is there on record."

6. It is evident from the above that the Illaqa Magistrate specifically noticed that there were direct contradictions in the testimonies of witnesses in relation to offences under Section 323 and 324 of the Indian Penal Code, 1860 and the medical record in support thereof about the time of occurrence. There was also no evidence to substantiate the allegations for offences under Sections 497 and 493 of the Indian Penal Code, 1860. The allegations, having been found vague and unsubstantiated, the same were thus disbelieved. There was no evidence also regarding defamation or defamatory remarks. Accordingly, the complaint was dismissed.