POOJA SAXENA Vs. STATE

JUDGEMENT

(1.) Pooja Saxena, the petitioner herein, vide instant writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure is seeking direction for quashing of the order of learned ACMM dated 10.03.2010 as well as FIR No.59/2010 dated 22.03.2010 registered at P.S. Roop Nagar pursuant to the aforesaid order of learned ACMM.

(2.) Briefly put, facts relevant for the disposal of this petition are that the petitioner Pooja Saxena filed a complaint of dowry demand and harassment against her husband (respondent No.2) with CAW Cell and on the basis of the said complaint, after preliminary inquiry and on the recommendation of the senior police officer, an FIR No.232/2009 under Sections 498A/406/34 IPC was registered against respondent No.2 Sameer Saxena and others at P.S. Roop Nagar.

(3.) Petitioner Pooja Saxena in her above referred complaint alleged that at the time of her marriage, her parents had given sufficient amount of cash and valuable articles including jewellery, Swift car, Sony TV, washing machine, double bed and gift items to respondent No.2 and his relatives. It was also alleged in the complaint that at the time of her engagement ceremony on 20.08.2006, father of respondent No.2 raised a demand for a Sony TV besides cash/gifts for the relatives as also gold ornaments, diamond jewellery and clothes etc. for the sister-in-law of the respondent as also her two daughters. Father of the petitioner fulfilled the said demands but the father-in-law of the petitioner was not satisfied and he raised a demand for a car of a prestigious brand or in the alternative asked for a deposit of '5 lakhs as a corpus to enable them to purchase a car. He suggested that the car should be purchased in the name of the petitioner, failing which he would not go on with the marriage which may cause harassment to the parents of the petitioner and create difficulty in finding a match for the marriage of the younger sister of the petitioner.