DEEPAK Vs. STATE AND ANR.

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of the Code of Criminal Procedure (hereinafter shall be referred as Cr.P.C.) for quashing of complaint bearing CC No.4/B/14, titled Kavita Vs. Deepak and ors. under Sec. 494/495 Penal Code pending before the learned Metropolitan Magistrate-05 (North), Rohini, Delhi and the proceedings emanating therefrom.

(2.) Facts, in brief, are that the respondent no.2-Kavita had filed a criminal complaint under Sec. 190 and 200 Crimial P.C. against the petitioner and others for offences under Sec. 494 IPC. It was alleged in the complaint that the marriage of the respondent no.2 was solemnized with the petitioner-Deepak Kumar on 17.01.2013 according to Hindu rites and ceremonies. In the marriage, family of the respondent no.2 spent an amount of approx Rs. 35-40 lacs. The petitioner was working in Delhi Fire Service at STO. As per his service requirement, he was allowed to take rest after days duty. Whenever he returned back from work, he used to abuse the respondent no.2/complainant on the issue of nonfulfilment of their dowry demands. On one day, the respondent no.2/complainant saw the petitioner-husband with a lady i.e. accused no.2-Mamta in the market and they went away in a car. Thereafter also, the complainant saw her husband in the company of that lady and later on it was revealed that he was previously married and the said fact was concealed by him at the time of their marriage. The complainant gave a written complaint to the police but since they did not register the case, the complaint was filed in the Court.

(3.) Pre-summoning evidence was adduced by the complainant. After going through the pre-summoning evidence, the learned Magistrate summoned the petitioner under Sec. 494/495 Penal Code vide order dated 04.06.2016. Feeling aggrieved by the continuance of criminal complaint, the present petition has been preferred by the petitioner.