UJJWAL DAHIYA Vs. STATE & ANR

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Smt. Ujjwal Dahiya for quashing of FIR No.102/2012 dated 12.05.2012, under Section 324 IPC registered at Police Station Mundka on the basis of a Memorandum of Settlement executed between the petitioner and respondent no.2, namely, Sh. Harbir Lakra along with others on 21.01.2016.

(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 his counsel.

(3.) The factual matrix of the present case is that the FIR in question was lodged by the complainant on the allegation that his wife/accused/petitioner, assaulted the petitioner on 10.05.2012 & 11.05.2012. The complainant alleged that his wife hit upon the complainant's private part and bit him several times. The complainant's wife is alleged to have abused and threatened him to withdraw the divorce petition filed by the complainant before Ms.Sujata Kohli, Ld. ADJ, Tis Hazari Courts, Delhi. On 22.04.2012 & 23.04.2012, the complainant's wife made several PCR calls to harass the complainant. On 10.05.2012, at around 7 p.m. the complainant's wife beat him and assaulted him mentally and physically after which the complainant called PCR. Subsequently, FIR no.101/2012 was registered against him on 11.05.2012.