VISHNU DUTT SHARMA Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of criminal Procedure for quashing the proceedings pending in the court of the Metropoliian Magistrate, Delhi against the petitioners.

(2.) At the back of the proceedings is matrimonial discord. A few facts necessary for purposes of disposal of the present petition are that the complainant and petitioner No.2 were married on 28th Nov. 1986. The husband was employed at Tripole (Libya) while the wife was working in the Northern Railway. On 26th May 1989, the wife filed a complaint at New Delhi making various allegations against the petitioners and her mother-in-law (since deceased). The wife complained that she had been promised that she will be going to Tripoli with her husband after the marriage. However, for a long time after the marriage she had to stay back in Delhi on the pretext that her husband was not able to make arrangements for her at Tripoli, Libya. The wife was also told that the husband will ultimately return to India and will settle down in India. The complainant went to Libya more than a year after her marriage and stayed with petitioner No.2 for about 16 months. She says that she was ill treated all along. The complaint contains allegations of misbehaviour, maltreatment, occasional beating, so much so that the complainant had to the matter to the Indian Ambassador at Tripoli. The complaint regarding demand for dowry and harassment on that account relates to period even before the complainant's departure to Tripoli as also during her stay in Tripoli. The mother-in-law of the complainant had also gone to Tripoli alongwith the complainant and she stayed there during the period of the stay of the complainant. The complainant returned to India alone with her two young children on 26th May 1989. On her return she went to the house of her husband where the father-in-law of petitioner No. 1 in the present petition is alleged to have even not allowed her to enter the house. She alongwith her children was on the road and they had no place to stay. In these circumstances the petitioner lodged the complaint with the police. F.I.R. was registered on 10th August 1989 against the petitioners and the mother-in-law. After investigations a case was filed in the Court of the Metropolitan Magistrate, Delhi on 7th March 1990 under Section 173 Cr. P.C. Thus, proceedings commenced before the Metropolitan Magistrate and the accused persons were charged under Sections 498-A of the Indian Penal Code.

(3.) By the present petition the petitioners have challenged the proceedings before the Metropolitan Magistrate and have prayed for quashing the same. The main grounds urged in this behalf are -