RUPINDER KAUR Vs. STATE GOVERNMENT OF NCT

JUDGEMENT

(1.) By this petition under Section 482 Criminal Procedure Code ., the petitioners seek quashing of criminal proceedings emanating from the case FIR No. 317/94 under Sections 498- A/406 Indian Penal Code registered at the Police Station Hari Nagar, Delhi and pending on the file of the Metropolitan Magistrate.

(2.) Briefly stated, the facts giving rise to this petition are that on 10.6.1994. respondent No. 2 lodged a report at the Police Station Hari Nagar against her husband Harpreet Singh and her in-laws (Petitioners). Investigation pursuant thereto culminated in submission of a charge-sheet under Sections 406/498-A Indian Penal Code read with Sections 4/3 of the Dowry Act. Hence this petition.

(3.) The present petitioners arein-laws of the respondent No. 2. On 6.2.1989. Harpreet Singh secretly got married with the respondent No. 2; When the petitioners came to knowab6ut the said marriage, they got it solemmnised on 26.3.1989. On 9.9.1989 Harpreet Singh and the respondent No. 2 left for Australia. On 26.5.1991, a male child was born to respondent No. 2 at Adelaide (Australia). In November, 1991, the respondent No. 2 became suspicious about the alleged illicit relationship of her husband Harpreet Singh with a woman and she, therefore, came to India to live with the petitioners. The respondent No. 2 wrote the letters Annexure P-4 at page 137, Annexure P-5 at page 138 and Annexure P-7 at page 149 of the paper book to her husband Harpreet Singh.-On 21.1? 1992 Harpreet Singh failed a divorce petition against respondent No. 2 in Australia- On 27.12.1992 Harpreet Singh came to India. In March, 1993 respondent No. 2 shifted to her parental house. On 24.4.1993 respondent No. 2 filed reply to the divorce petition filed by her husband in the family Court at Australia.On 18.5.1993, the family court of Australia granted divorce decree dissolving the marriage of respondent No. 2 with Harpreet Singh. On 17.6.1993, respondent No. 2 filed a civil suit before this Court for setting aside the decree of divorce granted by the family court of Australia. On 7.10.1996, the plaintiff's suit was dismissed by this Court. The aforesaid facts have been admitted by learned counsel for respondent No. 2.