RAVI DUTTA Vs. STATE

JUDGEMENT

(1.) THE petitioners who are husband, father-in-law, and mother-in-law respectively of the complainant seek anticipatory bail in a case registered against them under Section 406/498a IPC. It is urged by the learned senior counsel appearing for the petitioners that though petitioners No. 2 and 3 were arrested earlier in August, 2004 for the same offence but the matter was finally settled with the complainant and the FIR was quashed vide order dated 25th January, 2005 passed in Crl. Misc. No. 2297/2004 yet the complainant filed another FIR against the petitioners as a counter blast as petitioner No. 1 in the meantime had filed a case for annulment of the marriage under Section 12 (1) (c ) of the Hindu Marriage Act in August, 2004 and thereafter the complainant filed a complaint against the petitioners as a counter blast but the said complaint was later on withdrawn by the complainant and compromise was effected that the husband will not pursue his case for annulment of the marriage and thereafter the complainant started staying with the petitioners and remained at her matrimonial home for about one year but suddenly left her matrimonial home one day. It is urged by the learned senior counsel for the petitioners that being tired of the complainant, the petitioner No. 1 left delhi and took up a job in Mumbai but there too the complainant kept on sending filthy dirty and obscene SMS. This led the petitioners to file a petition for divorce and when the notice of that petition was sent to the complainant, the complainant barged into the house of petitioner No. 1 in mumbai along with her mother and few anti social elements who gave beating to petitioner No. 1 for which petitioner No. 1 has lodged a FIR at police Station mumbai.

(2.) IT is further urged that the complainant filed a petition for restitution of Conjugal Rights and also claimed maintenance under Section 24 of the Hindu Marriage Act and though made a statement before the Court that she was not willing to settle the matter yet on 26th September, 2007 filed a complaint against the petitioners under Section 406/498a IPC. Since the police refused to registered a false case , therefore, the complainant filed a complaint before the Magistrate under Section 156 (3) of the Cr. P. C. which was converted in to the present FIR.

(3.) READING of the complaint of the complainant indicates that there have been long draw disputes between the parties making allegations and counter allegations against each others about being maltreated and harassment at the hands of each others. Multifarious litigations also started between the parties. Few affidavits are available on the record including that of the father of the complainant where he deposed that this marriage was dowry less marriage without any demand from the parents of the boy and that it was a simple marriage and that the petitioner Paramjeett Dutta never demanded any dowry and further stated in the affidavit that her daughter was living with her husband very happily at Canada. There was so many affidavits of this nature.