LAWS(DLH)-2016-2-112

R.K. NAUTIYAL Vs. THE STATE AND ORS.

Decided On February 12, 2016
R.K. Nautiyal Appellant
V/S
The State And Ors. Respondents

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed by the petitioner, namely, Sh. R.K. Nautiyal for quashing of FIR No. 16/2004 dated 24.01.2004, under Ss. 406/498A IPC registered at Police Station Mayur Vihar on the basis of the mediation report of the Delhi Mediation Centre, Karkardooma Courts, New Delhi arrived at between the petitioner and respondent No. 2, namely, Ms.Chandra Kala Nautiyal on 25.05.2010.

(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 SI Mousam Ghani.

(3.) The factual matrix of the present case is that the marriage between the petitioner and respondent no. 2 was solemnized on 09.12.1998 according to Hindu rites and ceremonies. After marriage, the respondent no. 2/complainant got to know that her husband does gambling. The complainant advised him to leave the same but instead her husband gave her beatings. When the complainant complained about the same to her in -laws, they also started beating her. The complainant later gave birth to a female child, on which she was tortured by her in -laws and they also started demanding dowry from her. The in -laws of the complainant also used to beat the complainant demanding the land of her father for building a house on it or for bringing more money from her parents. The father of the complainant build a one room set after which the mother -in -law and the sister -in - law of the complainant started living in it. Thereafter, they sold the said house and disappeared. The husband of the complainant sold the entire stridhan of the complainant and at one night, he started beating her. On 06.03.2003, the complainant reached the home of her maternal uncle and suggested the petitioner no. 1 to compromise the matter but he did not come.