PRAKASH SAINI AND OTHERS Vs. STATE AND ANOTHER

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C., 1973 has been filed by the petitioners, namely, Sh. Parkash Saini and others for quashing of FIR No.570/2014, under Section 498A/406/506/354D/34 IPC registered at Police Station South Dwarka, Delhi on the basis of an amicable settlement between the petitioners and respondent No. 2 namely, Smt. Shilpa Saini.

(2.) Learned Additional Public Prosecutor for respondent-State submitted that the respondent present in the Court has been identified to be the complainant in the criminal complaint in question.

(3.) The factual matrix of the present case is that the complainant in the present matter (Respondent No.2) got married to the accused/petitioner on 22.05.2013 as per Hindu rites and ceremonies. The complainant's family got to know about the accused/petitioner and his family through a matrimonial site, and upon talking with them, they stressed on giving a car on the occasion of marriage, specifying on a "big car", namely "Toyota Fortuner". Prior to the marriage, the accused used to consistenly talk with the complainant and would also inquire about the nature of preparations towards the marriage , with specific focus on whether the said car was booked or not. When the complainant informed the accused that the said car was outside the budget of her parents, the accused cut the phone call and turned sour. After the marriage also, the complainant/respondent No.2 has been subjected to constant taunts, humiliation and physical assault on account of non fulfillment of the demand of a car. The accused also indulged in unnatural sexual intercourse with the complainant on several occasions despite her resistance. The complainant/Respondent No.2 also found out about an illicit extra marital affair of the accused and when she questioned the same she was asked to keep quiet and bear with the said fact. On 17/10/2013, the accused after coming back from work started beating the complainant without any reason and threw her out of the house stating that she should be back only when her father gave them a "big car". Despite efforts by the complainant's family to settle matter amicably, the accused and his family did not agree and continued with harassment. The co-accused in the present matter harassed the complainant frequently while she went to work. The accused also used to harass her by sending vulgar messages on her mobile and also to her family members. The complainant after the above series of events got registered the complaint in the present matter.