JAYA PRAKASH DABRAL Vs. SHIKHA DABRAL

JUDGEMENT

(1.) Petitioner filed a complaint before the learned Trial Court along with an application under Section 156(3) Cr.P.C. alleging that an advertisement was issued by the petitioner in Times of India, Delhi Edition on 27th October, 1991 looking for a suitable alliance for himself. Thereafter the brother and father of the respondent approached the father of the petitioner and besides other discussions also supplied the horoscope. After the horoscope matching was done and the astrologer informed that it would be a good match free from any major matrimonial dispute/problem, the marriage was finalized. However, after the marriage relations between the petitioner and respondent got strained and the respondent continued living in the house of the petitioner's father unauthorizedly. She also filed false cases compelling the petitioner and his family members to leave the house.

(2.) On the petitioner seeking verification he came to know that the time of birth of the respondent was changed from 5:55 A.M. to 8:15 A.M. It is thus alleged that in order to materialize the marriage between the petitioner and respondent forged, fabricated and false horoscope was given by the respondent and her family members and hence they be prosecuted.

(3.) On this complaint of the petitioner, the learned Metropolitan Magistrate directed registration of FIR pursuant whereto FIR under Sections 426/427/428/468/471 read with Section 120B IPC was registered. However, after investigation the police filed a cancellation report which was accepted by the Learned Metropolitan Magistrate after notice to the petitioner.