LAWS(DLH)-2016-5-99

ROHIT KAUSHIK Vs. STATE (NCT OF DELHI)

Decided On May 16, 2016
Rohit Kaushik Appellant
V/S
STATE (NCT OF DELHI) Respondents

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Rohit Kaushik and Sh. Mohit Kaushik for quashing of FIR No.300/2013 dated 08.05.2013, under Sections 498A/34 IPC registered at Police Station Govind Puri on the basis of settlement arrived at the Counseling Cell, South Family Court, Saket Court Complex, New Delhi between petitioner no.1 and respondent no.2, Smt. Neetu Kumari on 10.04.2015.

(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 in the FIR in question by her counsel.

(3.) The factual matrix of the present case is that the marriage between petitioner no.1 and the respondent no.2 was solemnized in November, 2003. The family of the husband of the complainant would keep demanding money from the complainant. They would keep trying to persuade the husband of the complainant to leave the complainant and remarry somebody rich. On 04.11.2011 the maternal uncle and brother of the husband of the complainant came to the complainant's home at night picked up a brawl with the complainant and slapped her on her cheek and threw her against the wall because of which she sustained injuries on her forehead. On 23.12.2011, husband of the complainant left the house on a false pretext and never came back home. The complainant and her father went to petitioner no.1's house in the village, where complainant and her father were told that his family was unaware of petitioner no.1's whereabouts. Thereafter, respondent no.2/complainant lodged a complaint which resulted into the registration of the FIR in question against the petitioners. Numerous litigations followed, during the pendency of which the parties settled before a Counseling Cell.