DAULAT RAM GAUTAM Vs. STATE

JUDGEMENT

(1.) THE present petition has been filed under section 482 Code of Criminal procedure for quashing of FIR No. 353/2005 registered with Police Station mangolpuri, Delhi under sections 406, 498a and 34 IPC as well as the proceedings now pending before the court of Ms. Rekha, Metropolitan Magistrate, Rohini courts, Delhi.

(2.) THE Petitioner Nos. 1 and 2 are the father and mother of Mr. Vipin gautam i. e. the husband of the complainant Ms. Monika. The Petitioner"s counsel mr. Sharma states that Ms. Monika/complainant has been treated by the Petitioner no. 1 as his niece and the Petitioner No. 1 had even performed the bhaat ceremony of the elder sister of the Complainant. It is pertinent to mention that the bhaat ceremony is performed at the marriage of a girl by her maternal uncle. Mr. Sharma states that the Petitioner Nos. 1 and 2, their relatives and friends had never consented to the marriage of the Complainant with their son as the said marriage was against their will and without their knowledge. He further urges that the Complainant and Mr. Vipin had always resided separately from the Petitioners. He also refers to documents to show that the Petitioner nos. 1 and 2 had not only disowned their son Mr. Vipin on 28th March, 2004 but had also filed complaints with the local police on 2nd August, 2004 and 28th september, 2004, alleging harassment and threats by the parents of the complainant. Learned counsel further submits that there are no specific allegations against the Petitioners either in the FIR or in the charge-sheet and the allegations levelled by the Complainant are vague, involving all the close and remote family members and it is a fit case where criminal proceedings against the Petitioners can be quashed at the threshold stage itself. Mr. Sharma referred to and relied upon the judgment of this Hon"ble Court in "sangeeta Kalra Vs. State" reported in 138 (2007) Delhi Law Times 535 wherein it has been held that criminal justice system cannot be used as a tool for arm twisting and to settle scores and further that the High Court can intervene in such a situation.

(3.) SINCE only a charge-sheet has been filed, the complaint in my opinion in the present case can be quashed at this initial stage only if the allegations made in the complaint, if taken on their face value and accepted in their entirety do not constitute any offence against the Petitioners. Before I proceed any further I may refer to the complaint as extracted in the charge-sheet filed by the police. The relevant portion of the charge-sheet is as follows :-