SUJOY BANERJEE Vs. STATE

JUDGEMENT

(1.) By this petition under Section 482, Cr.P.C., petitioners seek quashing of the criminal proceedings emanating from FIR No. 652/93 registered under Sections 498-A/325/34, Indian Penal Code at the Police Station Trilok Puri and pending on the file of the Metropolitan Magistrate, Delhi.

(2.) Briefly stated, the facts giving rise to this petition are that on 14.12.1991, respondent No. 2, Smt. Sumita entered into wedlock with the petitioner No. 1. On 9.9.1992, Sumita's parents, namely, Mr. Premen Maitra and Mrs. Dipali Maitra lodged a report at the Crime against Women Cell, Nanak Pura, New Delhi alleging cruelty at the hands of her husband (petitioner No. 1). On the basis of the said report, FIR No. 652/93 was registered at the Police Station Trilok Puri, Delhi under Sections 498-A/325/34, IPC. Investigation pursuant to the said report culminated into submission of a charge-sheet under Sections 498-A/406/325/34, Indian Penal Code against the petitioners. Quashment of the criminal proceedings emanating from the said FIR is sought on the ground that the material collected by the prosecuting agency does not constitute any offence against the petitioners and further on 29.10.1992, the petitioner No. 1 and the respondent No. 2, submitted a joint application (Annexure-B at page 28 of the paper book) before the Crime Against Women Cell for dropping the criminal proceedings and in view of the said settlement between the parties, present proceedings cannot be allowed to continue and it would be an abuse of the process of the Court.

(3.) The respondent No. 2, Smt. Sumita, resisted the petition filed under Section 482, Cr.P.C. contending that her signatures on the joint application (Annexure-B) were obtained by practising fraud on her. According to respondent No. 2, the evidence collected by the investigating agency discloses a prima facie case under Sections 498-A/406/325/34, Indian Penal Code against the petitioners.