DIPIKA LAL Vs. VIPIN KUMAR GUPTA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') for quashing of order of summoning dated 27.9.2006 (Annexure P1) and criminal complaint dated 23.1.2006 (Annexure P14) and all other consequential proceedings arising therefrom.

(2.) THE petitioner was married to the respondent on 14.2.1997 which marriage ended up on the rocks generating tremendous ill -will in the process. Three children were born to the couple during the subsistence of the marriage, i.e., one daughter and other a pair of twins out of whom one survived, as a result of which they were left with two children. The elder daughter, namely, Damini and the son, namely, Timmi, were born on 12.11.1997 and 30.3.1999, respectively. The children, since their birth, have been staying with the petitioner at her parental house. The petitioner is a practising Advocate in Delhi, while the respondent was a member of Delhi Judicial Service from where his services were terminated. With a bitter history of discord, a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter described as 'the Act') was filed by the petitioner seeking dissolution of marriage on the ground of cruelty. The same was accepted after contest by the respondent on 3.4.2006. In those proceedings began a chapter of shameful allegations levelled by the parties against each other, which necessarily have to be extracted in order to appreciate the venomous hatred each of them has for the other.

(3.) THIS provoked, rather than necessitated filing of replication in which the petitioner levelled the following allegations against the respondent: