HIMANSHU ALIAS VICKY Vs. NCT OF DELHI

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR no. 353/10 dated 12th, October, 2010 registered at Jagat Puri Police Station at the instance of respondent no. 2 against the petitioner under Section 315 of the Indian Penal Code, 1860.

(2.) BRIEFLY stated the facts of the case may be noted. Marriage of the petitioner and respondent no. 2 was solemnised in Delhi on 11th, December, 2009. Just a few days after they got married the petitioner and his parents allegedly started torturing her and finally on 16.09.2012, as it has been stated in the FIR, the petitioner dragged the respondent no. 2 from the room and kicked her in the abdomen when she was pregnant because of which she was hospitalised and had to get the abortion done. That incident had led to the lodging of the FIR against the petitioner by his wife.

(3.) THE Hon'ble Supreme Court in the case of "B.S. Joshi & Ors. V. State of Haryana", AIR 2003 SC 1386 had dealt with the aspect of quashing of criminal complaints which are non-compoundable by the High Court under Section 482 of the Code of Criminal Procedure and particularly in cases arising out of the matrimonial disputes and made the following observations: