K M ANEES UL HAQ Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 ("crpc") seeking quashing of the FIR No. 260 of 2001 under Sections 406/420/34 read with Section 3 and 4 of the Dowry Prohibition Act registered at P. S. Mayur vihar, Delhi and all proceedings consequent thereto.

(2.) THE Petitioner No. 1 states that he retired as a Deputy Director General in delhi Doordarshan. Petitioner No. 1 approached the Respondent No. 2 Abdul Rehman, an Advocate, for legal advice in connection with a defamatory publication in the indian Express on 15th August 1999. Respondent No. 2 advised him to file a suit for damages to the tune of Rs. 1 crore against the Indian Express and its editor and publisher. Respondent No. 2 assured Petitioner No. 1 that he would be successful in the suit. On the basis of this assurance, the Petitioner No. 1 paid Respondent No. 2 Rs. 7. 27 lakhs towards his fee, court fees and other expenses. It is stated that despite this, the suit was not filed and the amount paid was also not refunded. Petitioner No. 1 then filed a suit against the respondent No. 2 for recovery of Rs. 10. 57 lakhs i. e. Rs. 7. 27 lakhs towards the principal amount and Rs. 3. 30 lakhs towards interest. A complaint under Section 35 of the Advocates Act 1961 was also filed against the Respondent No. 2 and was pending before the Disciplinary Committee of the Bar Council of India.

(3.) PETITIONER No. 1 further states in this petition that Respondent No. 2 filed a false and frivolous complaint in the Crime Against Women ("caw") Cell alleging that the daughter of the Respondent No. 2 was engaged to be married to the nephew of Petitioner No. 1. It was falsely alleged in the said complaint that the petitioner No. 1 and other family members induced the Respondent No. 2 into parting with Rs. 8 lakhs towards the expenses for the engagement ceremony; that the brother of Petitioner No. 1. i. e. the father of the prospective bridegroom demanded a sum of Rs. 25 lakhs as dowry for starting business and that on this score the engagement broke on 24th June 2002 and the marriage was called off. It is stated that without making enquiries the police registered the FIR, following which a challan was filed and the summoning order dated 10th November 2003 was passed by the learned Metropolitan Magistrate ("mm"), Delhi.