ARUN ARORA Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) THE Petitioner prays for quashing of FIR registered against him under Section 498A, 323, 504, 506, 34 Indian Penal Code and Section 3 & 4 of Dowry Prohibition Act. As per the Petitioner, there are no specific allegations made against him and he alongwith his wife is staying in a separate accommodation at New Delhi, far away from the matrimonial home of Respondent No. 2 -complainant. It is stated that Respondent No. 2 had earlier filed a similar complaint on 7.2.2011, which is termed as false for registration of a case against the entire family. The Petitioner alongwith others was summoned in the said complaint, whereafter Respondent No. 2 had made a statement that she had collected all her items from her in -laws aboard. Thereafter the matter was compromised on 25.2.2011. The complainant made a statement before the police, copy of which is annexed with the petition as Annexure P -5.

(2.) As per the averments made in the petition, the parties had agreed to file a divorce petition. Son of the Petitioner had prepared a joint petition to be filed under Section 13 -B of the Hindu Marriage Act. The same was got attested. As stated in the petition, the parties had undertaken not to file any claim or petition against each other in future. As averred in divorce petition, the parties had amicably settled all their claiMs.

(3.) THE complainant is alleged to have undergone a change of mind, which according to the Petitioner to extract some more money from his family. She accordingly did not turn up to make a statement before the Court, where the divorce petition was filed. Complainant -respondent No. 2 Petitioner again went back and made a statement to the police on 4.3.2011. The Petitioner accordingly would contend that the agreement/compromise was malafidely made only to receive monetary benefits and having received the same, Respondent No. 2 went back from the promise with an aim to extract some more money. Respondent No. 2 had subsequently again filed a complaint on 31.5.2011 on the basis of which impugned FIR, Annexure P -1, was registered. The Petitioner accordingly has filed this petition to urge that two complaints can not be filed for the same occurrence, when once the earlier complaint was compromised and the entire dispute was settled.