ANISH PRAMOD PATEL Vs. KIRAN JYOT MAINI

JUDGEMENT

(1.) The instant petition under Ss. 397 and 401 read with Sec. 482 of Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the petitioner seeking the following prayers:

(2.) In the present case, the case of the respondent-wife, as per the counter affidavit filed on behalf of her, is that she had met the petitioner in Canada where the petitioner had proposed to her and the behaviour of the petitioner had been very cordial and friendly during the courtship period. Further, both the petitioner and the respondent had been divorced at that time and the respondent had a daughter from her previous marriage. The marriage between the petitioner-husband and respondent-wife was solemnized on 30/4/2015. It is stated that soon after the marriage, the parties had left for their honeymoon where the petitioner had revealed about his intimate relations as well as live-in relations with other women and how he expected the respondent to be normal with him continuing with those relations. As per respondent, she was shocked to hear all these things but she was afraid of having another failed marriage and thus, she continued in this relation for her and her daughter's sake. Thereafter, the behavior of the petitioner had started getting worse towards both the respondent and her daughter, and the petitioner had also started demanding dowry so that he could live a luxurious life. The respondent had thereafter found out about petitioner's second divorce and when she had confronted him, he had started abusing and beating her. Since then, the relationship between the parties had kept on worsening as the petitioner would beat and abuse the respondent every day. As per respondent, she had to run from pillar to post to meet the daily expenses as well as the school fees of her daughter since the petitioner had failed to look after the needs of respondent and her daughter. As stated by respondent, on 19/3/2016, the petitioner had handed over the divorce papers to the respondent and had forced her to settle the same amicably and after handing the divorce papers, he had left the matrimonial home and had not returned for days with no information as to where he had gone. The respondent had then pleaded the petitioner to stay with her and her daughter but he had asked the respondent to leave the matrimonial home. The situations deteriorated to an extent that the respondent was forced to leave the matrimonial home with her daughter and she had come back to Delhi from her matrimonial home in Mumbai.

(3.) Thereafter, an FIR bearing no. 34/2016 was registered on the complaint of respondent at Police Station Mahila Thana, Gautam Buddh Nagar, U.P. under Ss. 498A/323/504 of Indian Penal Code, 1860 and Ss. 3/4 of Dowry Prohibition Act, 1961. Thereafter, the petitioner had filed a Criminal Miscellaneous Writ Petition before the High Court of Allahabad for stay on arrest and quashing of the FIR. Pursuant to the same, on 6/5/2016, the High Court of Allahabad had passed the order by way of which the matter was referred to mediation and an order of stay of arrest of petitioner was passed. However, on 22/9/2016, the High Court of Allahabad had dismissed the writ petition due to lack of merits. Thereafter, the respondent had filed an Application No. 4622 of 2016 under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 ('PWDV Act') before the learned Judicial Magistrate, Gautam Budh Nagar, wherein an application seeking interim maintenance had also been filed by her under Sec. 23 of the Act. The learned Judicial Magistrate vide order dtd. 10/5/2018 had directed the petitioner to pay interim maintenance of Rs.35,000.00 (Rupees Thirty-Five Thousand Only) to the respondent. Against the said order, appeals had been preferred by both the parties and the learned Additional Sessions Judge, Gautam Budh Nagar vide order dtd. 1/2/2019, had modified the order dtd. 10/5/2018 and had directed the husband to pay Rs.45,000.00 per month to the wife as well as Rs.55,000.00 per month to the daughter. Aggrieved by these orders granting interim maintenance, the husband had preferred an Application bearing No. 12860/2019 under Sec. 482 of Cr.P.C. before the High Court of Allahabad and the matter was again referred to mediation vide order dtd. 9/4/2019 and the counsel for the respondent at that time had given an undertaking that during the course of mediation, they will not initiate any action against the husband. However, the mediation between the parties had failed on 6/7/2019.Subsequently, the respondent had moved a Criminal Application No. 41/2019 under Sec. 31(1) of PWDV Act against the petitioner for non-compliance of order dtd. 1/2/2019 i.e. for non-payment of interim maintenance and summons were issued by the Court concerned, but these summons were challenged by the husband before High Court of Allahabad vide Application No. 33533/2019 under Sec. 482 of Cr.P.C. and the summons were stayed vide order dtd. 16/9/2019 till next date of hearing. Vide order dtd. 13/12/2019, the High Court of Allahabad had directed expeditious disposal of application filed by the respondent under Sec. 12 of PWDV Act which was pending before learned Judicial Magistrate as there was no stay of proceedings. Thereafter, the petitioner had ultimately preferred transfer petitions before the Hon'ble Supreme Court seeking transfer of all criminal cases and complaints filed by the wife as well as applications filed by him under Sec. 482 of Cr.P.C. before High Court of Allahabad, to the Courts in Delhi. The Hon'ble Supreme Court vide order dtd. 6/11/2020 had referred the matter to Supreme Court Mediation Centre and thereafter had also allowed transfer petitions vide order dtd. 13/8/2021 by transferring all the cases to Tis Hazari Court, Delhi, except applications under Sec. 482 of Cr.P.C. which were pending before the High Court of Allahabad since the prayer in this regard was not made. After the cases were transferred to Delhi, they were registered on 2/4/2022, and while Case No. 41/2019 was registered at Delhi as Case No. 882/2022, Case No. 4622/2016 was registered as Case No. 691/2022. On 4/4/2022, notices were issued to both the parties by the concerned Court at Tis Hazari. Further, the Mahila Court, Delhi vide order dtd. 15/9/2022 had sought clarification regarding stay on Criminal Case No. 882/2022, i.e. original Case No. 41/2019 filed under Sec. 31(1) of PWDV Act, by the High Court of Allahabad. On 14/3/2023, the High Court of Allahabad vide two separate orders dtd. 14/3/2023 has dismissed the applications filed by respondent under Sec. 482 Cr.P.C. being Application No. 33533/2019 and Application No. 12860/2019 as infructuous on the statement made by the counsel for petitioner.