VARUNA KOCHRA Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner, named as accused in a First Information Report, invokes the inherent jurisdiction of this Court to quash criminal proceedings.

(2.) The complainant Vandana Kochar, (respondent in the proceedings, hereafter "the wife") married Rakesh Kochar, the petitioner's brother (hereafter "the husband") on 3.3.1995, at NOIDA. A minor daughter was born out of the wedlock. The wife alleged that soon after marriage, her-in-laws started harassing her for jewellery and dowry, and, upon their provocation, the husband also threatened to divorce her. The husband and the Petitioner filed a suit for injunction seeking to restrain the complainant from entering the matrimonial home, in 1996. By that time, the complainant had gone to her parental house; the suit alleged that the complainant was intimidating the present petitioner and the husband. Upon a joint application moved by the petitioner, the husband and the complainant, the suit was compromised. The complainant Vandana Kochar recorded her consent and in terms of the compromise, the disputes were settled, by order of Court.

(3.) According to the petitioner the compromise recorded that the husband and the complainant were living separately for two weeks prior to the settlement and the complainant regretted her behavior. It was further stated that the couple agreed to live separately, away from in-laws of the husband, including the petitioner.