SUMITTRA RAY Vs. NCT OF DELHI

JUDGEMENT

(1.) Present petition under Section 482 Cr.P.C., 1973 has been filed by the petitioners for quashing of Complaint Case No.27/DV/2015 filed by respondent No.2 against them under sections 12(1), 18, 20 and 22 of Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as 'D.V. Act'). The petition is contested by the complainant/respondent No.2.

(2.) I have heard the learned counsel for the parties and have examined the file. Undisputedly, the petitioner No.4 was married to respondent No.2 on 27.1.2005. No child was born out of this wedlock.

(3.) It is informed that respondent No.2 went back to her parents' house on her own in December, 2012. On 14.01.2013 she decided for dissolution of marriage; came back to the matrimonial home and took her istridhan. It is alleged that settlement to seek divorce by mutual consent took place. Rs. 40,00,000/- were paid to the complainant in full and final satisfaction through bank transactions. On 20.8.2013, petition for mutual divorce was filed at Kolkota which was affirmed by both the parties. On 7.7.2014, the respondent No.2 did not appear and the divorce petition filed for mutual divorce was dismissed due to her non-appearance.