LAWS(DLH)-2016-2-147

JITIN CHUGH AND ORS. Vs. STATE AND ORS.

Decided On February 19, 2016
Jitin Chugh And Ors. Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Jitin Chugh, Sh. Prem Prakash Chugh, Smt. Raj Rani and Smt. Geetika for quashing of FIR No. 121/2011 dated 05.05.2011, under Ss. 498A/406/34 IPC registered at Police Station Rani Bagh on the basis of the Memorandum of Understanding (MOU) arrived at between the petitioner no.1 and respondent No. 2, namely, Smt. Preeti on 01.04.2015.

(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 of the FIR in question by her counsel.

(3.) The factual matrix of the present case is that the marriage between the petitioner no.1 and respondent no.2 was solemnized on 11.02.2010 according to Hindu rites and ceremonies. The accused persons were not satisfied with the dowry articles given at the time of marriage and the complainant was thus, harassed by the accused persons for dowry after the marriage. The husband of the complainant and his parents made it clear that until and unless their dowry demands are met, the complainant will not be permitted to reside in the matrimonial home. The parents -in -law of the complainant used to instigate the husband of the complainant to give slaps to the complainant on her face. The complainant was also beaten up mercilessly many times by her in -laws and husband on non - fulfillment of the demand of dowry. On 13.02.2010, the complainant went with her husband to Shimla, where she was mentally tortured by him. On 24.07.2010, when the accused persons came to know about the pregnancy of the complainant, none of them were happy and infact started beating her. One day, the husband of the complainant demanded Rs. 50,000/ - from her and when the complainant refused, she was slapped by him and he even caught hold of her hair and dragged her to the door of the house and warned her. On 31.07.2010, the husband of the complainant gave a kick blow on her stomach and after that the complainant became unconscious and she suffered an abortion. The husband of the complainant grew suspicious of her. Whenever, the complainant used to talk on her phone with her parents, the husband of the complainant used to enquire from her and thus told his parents that complainant is unchaste. Listening to this, the father -in -law of the complainant slapped her, while her sister -in - law pulled her hair and her husband gave blows to her. On 21.09.2010, the mother -in -law of the complainant left her at her parental home.