RAJENDER KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed under section 482 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) for quashing of FIR No. 382/2001 under Sections 489-A/406/34 of the Indian Penal Code registered at Police Station Gokul Puri on 19-10-2001.

(2.) It is alleged in the petition that the marriage between petitioner no. 1 and respondent no. 2 was solemnized according to Hindu rituals and customs on 02.05.1997. Due to some misunderstanding and temperamental differences disputes arose between them so respondent no. 2 lodged a complaint with the police and a case under Sections 498-A/406 IPC was registered vide FIR No. 382/01 at Gokulpuri police station. It was alleged therein that the parents of respondent no. 2 spent a huge amount and gave dowry articles in her wedding but her in laws were not happy with the dowry articles given and started taunting her for bringing less dowry and also demanded a scooter as well as Rs. 40,000/- in cash. On many occasions she was severely beaten up by her husband(the petitioner no. 1 herein) and his parents.

(3.) Since no conciliation was possible in the Crime Against Women Cell(CAW) the police did the investigation after registering FIR and filed a charge-sheet in the concerned Court against petitioner no. 1 being the husband of the complainant(respondent no.2) and petitioners no. 2 and 3 being the mother-in-law and father-in-law respectively. That case was at the stage of prosecution evidence when the complainant and the petitioners herein amicably arrived at a settlement concerning the maintenance and custody of children born out of the wedlock between the petitioner no. 1 and respondent no. 2.