SHADI LAL Vs. ANITA AND STATE

JUDGEMENT

(1.) By this Petition under Section 482 Cr.P.C., petitioners-Shadi Lal (father-in-law) and Smt.Prakasho Rani (mother-in-law) of the complainant are seeking quashing of the FIR No.117/93 under Sections 406/498-A/34 IPC, P.S. Rajender Nagar, New Delhi, pending trial in the court of Metropolitan Magistrate, New Delhi, on the ground of compromise with the complainant (respondent No.2). The petition is duly supported by affidavits of the petitioners and the complainant (respondent No.2.)

(2.) Facts in brief are as follows : The above case was registered on the complaint lodged by Smt.Anita, alleging that she was induced by misrepresentation to marry; that after marriage she was tortured and turned out of the matrimonial home. She made allegations against her husband, as well as sister-in-law (Smt.Sunita); and last para of the complaint reads as under: I have been tortured by my husband for denying me marital company for over a year and keeping me only after my parents paid them Rs.5 lacs. I have been beaten by my mother-in-law Parkasho Rani and tortured both physically and mentally by Shri Shadi Lal father-in-law, Suresh brother-in-law and Sunita the sister-in-law. It is requested that necessary legal action may please be taken against all the persons and articles of dowry and Istri-Dhan got restored to me.

(3.) After investigation challan was filed against the petitioners and their two sons, namely, Suresh and Naresh. Harish Kumar (husband of the complainant) could not be arrested, as he was stated to be residing in Austria. The cognizance of the offence was taken. By order dated 27.2.1998 it was held that there was no sufficient evidence against two accused, Suresh and Naresh and they were discharged and the charges were framed against the petitioners only. Prosecution moved an application under Section 319 Cr.P.C. for summoning Smt.Sunita, who was named in the FIR but was not challaned. This application was kept pending and was ordered to be considered only after complainant is examined. After framing of the charges evidence of six (6) witnesses, including the complainant and her father has already been recorded. Thereafter it appears that the matter was settled between the petitioners and the complainant and in terms of settlement she was paid Rs.1.0 lac towards full and final settlement of her claim. She also stated in her affidavit that she does not want to pursue her complaint against her husband.