HITESH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) HITESH Sharma and his mother Shakuntla Devi had filed this criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.") for quashing of First Information Report No.290 dated 08.06.2013 under Sections 498 -A, 406 and 506 of the Indian Penal Code (in short, "I.P.C.") registered at Police Station Sector -5, Gurgaon.

(2.) BRIEFLY , the marriage between the parties was solemnized on 16.05.2010. The first wife of petitioner Hitesh Sharma had died due to kidney disease and complainant Daya was a divorcee. Hitesh Sharma had a five years old child to look after from his first marriage. Soon after marriage, a marital discord cropped up between the parties and Hitesh Sharma filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955 on 04.05.2013. Complainant Daya -wife lodged a complaint on the basis of which First Information Report No.290 dated 08.06.2013 under Sections 498 -A, 406 and 506 I.P.C. was registered at Police Station Sector - 5, Gurgaon. Petitioners filed the instant petition alleging that the First Information Report lodged by complainant Daya was nothing but a counter blast to the divorce petition filed by Hitesh Sharma. The allegations incorporated in the First Information Report were also alleged to be false and baseless. They denied that they had ever demanded money or had treated the complainant with cruelty. It was also submitted that complainant Daya had got registered First Information Report No.269 dated 15.03.2007 against her first husband Sanjeev and four members of his family under Sections 307, 323, 352, 341, 506, 498 -A and 120 -B read with Section 34 I.P.C. at Police Station Dwarka, District South West, Delhi and the First Information Report in the said case was quashed by the Delhi High Court on the compromise arrived at between the parties. Alleging that the First Information Report was nothing but an abuse of process of law, a prayer for quashing the same was made.

(3.) RESPONDENT No.2 -complainant Daya appeared and contested the petition. CRM No.11720 of 2014 was filed by her for dismissing the petition on the ground of violation of the order dated 28.01.2014 of this Court by petitioner Hitesh Sharma.