RAJENDER SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed under section 482 Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for quashing of FIR No. 525/2001 and the proceedings arising there from under Sections 498A/406 of Indian Penal Code ("I.P.C." in short), registered at Police Station Mukherjee Nagar on 17.10.2001 and also the resultant criminal case titled as "State v. Rajender and others" pending trial in the Court of Ms. Neerja Bhatia, Metropolitan Magistrate, Delhi.

(2.) It is alleged in the petition that the marriage between petitioner no. 1 and respondent no. 2 was solemnized as per Hindu rituals and customs on 05.11.1998. Petitioner no. 2 is mother in law of respondent no. 2, petitioners no. 3 and 4 are real brothers of petitioner no. 1 while petitioners no. 5 and 6 are sisters in law of the complainant. The case set out by the prosecution was that after marriage of petitioner no. 1 with respondent no. 2, the petitioners started harassing, taunting and torturing respondent no. 2 for bringing less dowry and not fulfilling their expectations. A complaint dated 17.11.2000 was made to Crime Against Women Cell (CAW), Ashok Vihar, Delhi against the petitioners which was withdrawn on 29.11.2000 on assurances given by the petitioners that they would change their attitude and behaviour. However ill treatment, harassment continued at the hands of the petitioners which led to lodging of an FIR on 17.10.2001 after which the investigation was done by the police and the charge sheet in the concerned Court was filed against the petitioners.

(3.) During the pendency of the above said criminal proceedings, the complainant and the petitioners after having resolved their claims, have come to an amicable settlement regarding the maintenance, stridhan, dowry articles etc. Then a petition for divorce by mutual consent was filed in the Court. After having recorded the joint statement of both the parties the learned Additional District Judge vide his final judgment dated 12.09.2006 in H.M.A. Case No. 1373/06 dissolved the marriage between the petitioner no. 1 herein and the respondent no. 2 herein. Now this petition has been filed for quashing of FIR No. 525/01 and the criminal case pending in the Court of Ms. Neerja Bhatia, Metropolitan Magistrate, Delhi.