SOBHA MEHRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition filed under Section 482 of the Criminal Procedure Code, 1973 (for brevity, 'Cr.P.C.') prays for quashing of case FIR 340 dated 17.8.2003, under Sections 498-A/407/323/506/307/406 of the Indian Penal Code, registered at Police Station Sector 29, D.L.F., Gurgaon. The allegations in the FIR are that petitioner No. 2 - Pankaj Mehra, entered into matrimonial alliance with the complainant Ms. Puneeta Mehra on 21.2.2003. There are allegations that after about one and half months demands of dowry were made taunting her that she had not brought diamond jewellery and expensive car. There are further allegations that on 16.8.2003, Smt. Shoba Mehra, petitioner No. 1 who is mother-in-law started fighting with the complainant Ms. Puneeta and despite her request, she did not calm down. On 16.8.2003 at 2.00 PM, when she was on the roof, then both Smt. Shobha Mehra and Pankaj Mehra pushed the complainant from the roof resulting into multiple injuries. When she gained consciousness, the husband of the complainant Pankaj Mehra did not even offer to take her to the hospital. Sh. Kamal Chhibbar of Sector 40-C came there and he took her to the hospital.

(2.) IT has further been averred in the petition that on 3.10.2003 compromise has been arrived at between the parties and the matrimonial dispute has been settled amicable. The compromise deed has been placed on record as Annexure P.2. An amount of Rs. 5 lacs is settled to be paid to Ms. Puneeta Mehra by petitioner No. 2 as full and final settlement as past, present and future maintenance and no claim of any kind in respect of dowry articles or Stridhan remains outstanding A draft No. 01648114 dated 3.10.2003 for a sum of Rs. 5 lacs, drawn at Punjab National Bank West Patel Nagar, New Delhi, has been handed over by Mr. Trikha to Mr. Bhrigu Dutt Sharma. Mr. Sharma has further handed over the bank draft to Ms. Puneeta Mehra who is present in the Court.

(3.) ON the asking of the Court, Mr. G.P.S. Nagra, Assistant Advocate General, Haryana who is present in Court accepts notice on behalf of respondent No. 1 and on behalf of respondent No. 2, Mr. Bhrigu Dutt Sharma has put in appearance. he has even filed reply to the petition. With the consent of learned counsel for the parties, arguments have been heard.