PUNEET KUMAR Vs. VANDANA

JUDGEMENT

(1.) THE prayer in this petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) is for the quashing of the Complaint Case No. 1800/1 titled "Vandana v. Puneet Kumar" pending in the Court of the learned Metropolitan Magistrate (MM) and all proceedings consequent thereto including the summoning order dated 6th October 2007.

(2.) THE petitioner is the nandoi of the complainant, i.e., the husband of the sister of the complainant's husband. He is a member of the Indian Administrative Service (IAS) in the Kerala cadre. He is presently posted as Agricultural Secretary in the Government of Kerala. The petitioner avers that the marriage of the petitioner's wife brother with the Respondent No.1 Vandana was solemnized in February 2002. A few months thereafter differences arose between the Respondent No.1 and her husband. Consequently, she left the matrimonial home and began living with her parents. On 10th April 2003, the Respondent No.1 got registered FIR No. 263 of 2003 at Police Station (P.S.) Rajouri Garden under Sections 498A/406/34 IPC against her husband, in-laws as well as the petitioner and his wife. That FIR in turn led to a fling of series of further complaints by the Respondent No.1. A total of nine criminal cases have been filed by the Respondent No.1 against her husband, in-laws and the petitioner.

(3.) ACCORDING to Respondent No.1, she along with IO Kamlesh went to the P.S. Tilak Marg and lodged a complaint at 9.30 p.m. on 1st September 2003 about the above incident. However, no action was taken by the police. Therefore on 9th October 2003 she filed the aforementioned complaint in the court of the learned MM. The said complaint was accompanied by an application under Section 156(3) CrPC for a direction to the police to register an FIR and investigate the case. By an order dated 14th October 2003 a direction was issued by the learned MM to the SHO, P.S. Tilak Marg to register the case in accordance with law and submit a status or final report by 17th December 2003. This led to the registration of FIR No. 466 of 2003 at P.S.Tilak Marg followed by an investigation.