LAWS(DLH)-2016-5-155

HARBIR LAKRA Vs. STATE

Decided On May 30, 2016
Harbir Lakra Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Harbir Lakra for quashing of FIR No.108/2012 dated 17.05.2012, under Sections 323/324 IPC registered at Police Station Mundka on the basis of the Memorandum of Settlement arrived at between the petitioner (along with Sh. Sukhbir Singh and Smt. Birmati) and respondent no.2, namely, Smt. Ujjwal Dahiya on 21.01.2016 at Delhi.

(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 FIR in question was lodged by the complainant on the allegation that the husband of the complainant i.e. the petitioner has been constantly harassing her mentally and physically since 2 years. On 10.05.2012, the petitioner gave brutal beatings to the complainant. The complainant works as a tutor in a college of Nursing, AIIMS and travel by metro. The complainant returned home at 6pm, on 10.05.2012 and as soon as the complainant entered the house, her husband abused her. The petitioner informed her that he has filed a divorce petition against her on 12.04.2012. The petitioner then grabbed her and bit her face and told her that if she does not bring the dowry of Rs. 50 lacs, then he would kill her. The complainant informed the police and went for her medical. She was sent back at around 1.30am, but the door was locked. Thereafter, the petitioner came and unlocked the door, he pushed the complainant on the floor and gave several beatings on her face and hand. The petitioner even bit the complainant like an animal. The complainant then tried to run and came to the police. Thereafter, both the parties managed to harmoniously settle all their differences with the help of family and friends.