LAWS(DLH)-2016-8-341

RAVI SHANKAR & ANR Vs. STATE AND ANR

Decided On August 12, 2016
Ravi Shankar And Anr Appellant
V/S
State And Anr Respondents

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Ravi Shankar and Smt. Vijay Laxmi Sharma for quashing of FIR No.89/2011 dated 01.12.2011, under Sections 498-A/406/34 IPC registered at Police Station Gulabi Bagh/ Pratap Bagh on the basis of the settlement arrived at between petitioner no.1 and respondent no.2, namely, Smt. Anita Sharma on 15.01.2015.

(2.) Learned Additional Public Prosecutor for respondent-State submitted that the respondent No.2, present in the Court has been identified to be the complainant/first-informant of the FIR in question by her counsel.

(3.) The factual matrix of the present case is that the marriage was solemnized between petitioner no.1 and the respondent no.2 on 18.02.2011. The accused persons used to beat the complainant for bringing in insufficient dowry. It is the case of the complainant that the accused persons forced her to undergo an abortion when she was pregnant with accused no.1's child. On 14.05.2011 at around 11.30 p.m., accused no.1 beat the complainant, due to which, the complainant dialed 100 number. The police got the matter compromised between petitioner no.1 and respondent no.2 and in pursuance thereof, the complainant gave a statement saying that due to her illness, she would have to go to her parental home for 2-3 days and would come back to her matrimonial home on her own. Whereas, allegedly, she feared that her life would be in danger if she were to go back to her matrimonial home. Thereafter, the complainant got lodged the complaint following which the FIR in question was registered against the petitioners. During the pendency of the proceedings, the matter was settled between the accused persons and the respondent no.2.