RAJEEV MEHTA Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) THIS is a petition filed by the petitioners under Section 482 of Code of Criminal Procedure seeking quashing of F. I. R. No. 169 of 2002 filed by respondent No. 2 under Sections 498-A/406 IPC, Police Station Nizamuddin, new Delhi. There are, in fact, two petitions filed by the four petitioners. One composite petition being petition No. 641 of 2003 filed by three petitioners, i. e. , husband of respondent No. 2 as petitioner No. 1, mother-in-law and sister-in-law of respondent No. 2 being petitioner Nos. 2 and 3 respectively. Another connected petition is filed by Ranjana Sehgal being Criminal M. C. No. 1757 of 2008. She is sister-in-law of respondent No. 2. These two petitions being of similar nature, arising out of same F. I. R. are being disposed of together.

(2.) FACTS as set out in this petition are that petitioner No. 1 and respondent No. 2 got married in New Delhi on 9. 10. 1994. Since petitioner no. 1 and respondent No. 2 were bona fide resident of United States of america as such both contracted marriage under laws of U. S. A. on 21. 10. 1994 and as such parties were subjected to the laws of U. S. A. , they being resident of U. S. A. even before solemnization of their marriage and as such were governed by the laws applicable in U. S. A. From this wedlock two children were born, namely, Meghan Mehta and Serena Mehta.

(3.) SINCE relations between the parties became strained, as such petitioner No. 1 filed a petition seeking custody of minor children and also filed a petition seeking dissolution of marriage by a decree of divorce in u. S. A. .