SUNIL AGGARWAL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) All these writ petitions are seeking quashing of FIR No.740/2000 registered at P.S. Patel Nagar against petitioners on the complaint of R-4-under Sections 498-A and 406 Indian Penal Code.

(2.) The controversy arises out of a matrimonial discord between one of the petitioners, Sunil Aggarwal (husband) and- R-4 an Advocate wife. Other petitioners are related or linked to the husband and are named in the FIR. Petitioner in writ petition No.1214/2000 Shanta Sunder Aggarwal is his mother and in writpetition No. 1295/2000 Shalini his sister. The other two petitions have been filed, one by Sarita, his alleged second wife (Crl.W.P.1294/2000) and the other (Crl. W.P.1284/2000) by her father B.S.Puri. All these petitions are identical on all fours and challenge the FIR on same grounds and are, therefore, disposed by this common judgment.

(3.) Petitioner. Sunil Aggarwal and R-4 were married on 1.5.1983 and a son was born to them out of the wedlock. They fell out later, separated and launched litigation against each other. R-4 started first, and filed Suit No.1031/88 for partition of joint property before this court and obtained an injunction order dated 27.4.1989 restraining defendant husband from marrying second time. The husband retaliated by filing a suit for conjugal rights against her. While all this was going on, he cultivated one Sarita, petitioner in Crl.,W.P. No.1294/2000 and allegedly married her. Both are said to be living together with their three children. R4, on learning about this reacted by filing CCP 15/99 alleging breach of court orders which is also pending. She thereafter lodged a report with the police after one year or so alleging cruelty by all writ petitioners culminating in impugned FIR which contains both general and specific allegations. She alleges in this that her in-laws were troubling heritor insufficiency of dowry and that her husband and mother-in-law would beat her regularly and along with her sister-in-law Shalini taunt, ridicule and abuse her and three of them had taken her dowry articles into custody. Broad summary of material allegations is extracted as given by the petitioner only to appreciate whether Sections 498-A and 406 Indian Penal Code were attracted in the facts and circumstances of the case. <FRM>JUDGEMENT_107_ILRDLH8_2002Html1.htm</FRM>