SUJEET Vs. STATE OF DELHI

JUDGEMENT

(1.) Sujeet and four others have filed the present petition invoking the Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 243/2001 with respect to the offences punishable under Section 498A/406/34 of the Indian Penal Code.

(2.) Some of the alleged facts giving rise to the present petition are that petitioner no.1 and respondent no. 2 were married on 9/12/2000 according to Hindu Rites and customs. As per the petitioners the marriage did not unfold itself with the happiness. Petitioners gave certain instances in this regard and contend that respondent no.2 had broken the lock of the almirah lying in the rented accommodation at Rohini and taken away all the important papers. Respondent no.2 is alleged to have filed a complaint with the police as a result of which FIR 243/2001 has been registered. As per the petitioners the assertions made therein are false, frivolous and scandalous because all the petitioners are residing separately and at distance places. Petitioner no.1 had taken all steps to save his marriage but it was respondent no.2 who turned the petitioner no.1 out of the house. Reference even has been made to certain other facts in support of their contentions which are not relevant for disposal of the present petition. In short it is claimed, as already pointed, that there is no basis for the First Information Report and it requires to be quashed.

(3.) Needless to state that what is being alleged is being contested and in this connection it would be appropriate to mention that status report with respect to the investigation even had been called. It has been pointed that preliminary investigation of the case was conducted by the local police and thereupon it was transferred to Crime Against women Cell (North West) district. Respondent no.2 had been conducted and she had stated that she was subjected to mental and physical harassment. She had supported the contents of the First Information Report and further it has been recorded that as per respondent no.2 all dowry articles are in possession of her husband and in laws and that prima facie the complaint discloses commission of offence punishable under Section 406 read with Section 498/34 Indian Penal Code.