VIJETA GAJRA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein challenges the order passed by the High Court whereby the petition filed by her was dismissed. The said petition was filed under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code for quashing the FIR No. 138/08 dated 07.08.2008 for offences under Section 498A and 406, Indian Penal Code in the Chitranjan Park Police Station.

(3.) This FIR was lodged by one Gunjan Sujanani, wife of one Rohit Sujanani. It is a long document wherein the complainant Gunjan Sujanani stated about her marriage with Rohit on 08.07.2003 and he being a resident of Nigeria. It was claimed that before the marriage, Rohit had introduced Gunjan to one Mr. Sham and Mrs. Lavina Daswani as his foster parents and also said that he had two foster sisters, namely, Vijeta Daswani (Vijeta Gajra-the appellant herein) who is a resident of Indore, Madhya Pradesh and the other being one Ms. Ritika Daswani, who resided with her mother in London. There are allegations made about the demand of dowry against the husband as also Mrs. Lavina Daswani. The demand included diamond neckless for Vijeta Daswani/Gajra. There was reference to subsequent behaviour of troubling the complainant on account of the dowry demands. The First Information Report also made some allegations regarding the relations of her husband Rohit Sujanani with Mrs. Lavina Daswani and Vijeta Daswani/Gajra, the present appellant. It was then contended that in December, 2003, when the complainant had gone to Sierra Leone, Vijeta Dasawani/Gajra took away her diamond encrusted heavy gold pendant and chain and earring set on the pretext that she wanted to wear them once and she would keep them at a safe place in her father's house. The complainant also stated that she did not return these ornaments. Further, it was stated that in May, 2004, Mr. Rohit Sujanani and Mrs. Lavina Daswani insisted that the complainant should keep her jewellery in London and claimed that she was slapped by her husband on her refusal. It was further claimed that in November, 2004, the present appellant, Vijeta Gajra got married during which the complainant had to beg for her ornaments for attending the marriage. There was a reference in the FIR to the misbehaviour on the part of Mrs. Lavina Daswani towards her and again the name of the present appellant figured therein. At this time, the complainant claimed that she was pregnant for the first time and yet she was given physical and mental ill treatment because of which she had a mis-carriage. There is a reference to the sexual behaviour of her husband with reference to a pornographic website.... It was claimed that the complainant delivered a baby on 08.03.2007. Then there is reference to the appellant visiting and staying with the complainant's parents for three days and the allegation that her husband was having sexual relations with Vijeta Gajra, the appellant herein and Mrs.Lavina Daswani. There was a reference that during her stay the appellant was wearing the diamond encrusted pendant and gold chain and earring set which she had taken (practically stolen) in Sierra Leone.