ARUN KAPUR Vs. STATE OF DELHI

JUDGEMENT

(1.) Arun Kapur and Ors. the Petitioners herein vide instant petition under Section 482 Code of Criminal Procedure, are seeking quashing of FIR No. 157/2011, under Sections 406/498A/34 Indian Penal Code, registered at P.S. Mianwali Nagar on the complaint of the Respondent No. 2.

(2.) Petitioner No. 1 is the husband of complainant Nidhi Kapur. Petitioners No. 2 and 3 are parents of Petitioner No. 1 and the Petitioners No. 4 and 5 are married sister-in-law and brother-in-law of the complainant. On 28th July, 2011, FIR No. 157/2011 was registered at P.S. Mianwali Nagar on the complaint of Nidhi Kapur, the Respondent No. 2. She claimed in her complaint that she was married to Arun Kapur on 25th October, 2007 at Delhi. In the said complaint, Respondent No. 2 made specific allegations of dowry demand and harassment & cruelty meted out to her in connection with the said demand.

(3.) Learned Sh. M. Dutta, Advocate appearing for the Petitioners has submitted that the FIR lodged by the Respondent No. 2 is an abuse of process of law and it has been filed as a counter-blast to the divorce petition filed by the Petitioner No. 1 in the matrimonial court. Learned Counsel further contended that a careful perusal of the FIR would show that it does not disclose commission of any offence by either of the Petitioners and the allegations made in the FIR are not worthy of credence. As regards the miscarriage suffered by the Respondent No. 2/complainant, learned Counsel for the Petitioner has drawn my attention to the photocopies of medical record of the Respondent No. 2 and submitted that aforesaid medical record belies the allegation of the complainant that she was given beating during pregnancy. Learned Counsel further submits that the Supreme Court, in its judgment in the matter of Manoj Mahavir Prasad Khaitan v. Ram Gopal Poddar and Anr., 2010 10 SCC 673 has observed: "It is a matter of common experience that most of these complaints under Section 498A Indian Penal Code are filed in the heat of moment over trivial issues without proper deliberation. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive." Learned Counsel submits that the instant FIR is also an illustration of such abuse and is liable to be quashed. In support of this contention, learned Counsel for the Petitioners has also relied upon following judgments: