PRIYANKA AND ORS Vs. PARUL

JUDGEMENT

(1.) The instant petition has been filed for quashing of Criminal Complaint No.232 dated 01.11.2012 filed under Sections 148, 323, 354, 379, 506 read with Section 149 of Indian Penal Code titled as "Parul vs. Priyanka and others" and the summoning order dated 22.04.2013.

(2.) In brief, the facts are that the marriage of petitioner No.1- Priyanka was solemnized with one Mohit on 16.02.2010. Petitioner No.1 was ill-treated and beaten by her in-laws on account of non-fulfillment of their dowry demands. Unable to bear the harassment, petitioner No.1 left her matrimonial home on 21.02.2012. Husband of the complainant filed a case in Family Court, Gurgaon, wherein a compromise was entered into, in which it was decided that petitioner No.1 would reside separately with her husband. However, when petitioner No.1 went to the house to collect her articles, she was again beaten. Thereafter, family members of the husband of petitioner No.1and her family members (the present petitioners) decided to meet on 08.04.2012 for affecting a compromise at Parkash Vatika, Gurgaon. An altercation took place between the family members, resulting in abuses being hurled at one another, as well as an injury blow being given on the knee of one Sh. Virender Adlakha. Apart from that, petitioner no.1 received kick and fist blows from Parul, her sister-in-law and her mother in law. The injured person went to the hospital, where the doctor after examination found that left knee of Virender Adlakha-petitioner No7 was fractured. On the statement of said Virender Adlakha, an FIR No.125 dated 12.04.2012 under Sections 323, 325, 34 of Indian Penal Code was registered at Police Station, Sector 5, Gurgaon against petitioner No.1's husband and her husband's elder brother Bhupesh. Another DDR was also registered on 08.04.2012 at Police Station, Sector 5, Gurgaon, at the instance of Parul wife of Bhupesh . The petitioner also lodged an FIR No.408 dated 21.07.2012, under Section 498-A, 406, 506, 34 of Indian Penal Code at Police Station Gurgaon City, Gurgaon, against her in-laws including her elder brother-in-law's wife Parul. A complaint case No.232 dated 01.11.2012 titled as "Parul vs. Priyanka and others" was filed under Sections 323, 354, 379, 506, 148, 149 of Indian Penal Code before the courts at Gurgaon, in which, petitioner No.1 and her family members have been summoned vide impugned order dated 22.04.2013.

(3.) Aggrieved against the said complaint and the summoning order, the instant petition has been filed.