VIKAS JOSHI Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners seek quashing of the proceedings in F.I.R. No. 224/2005 dated 3.11.2005 registered at Police Station, Nahan against the petitioners under Sections 380, 498 -A and 406 I.P.C. The petitioners are British citizen who reside in England. It is pleaded that the respondent -wife Ms. Aradhana Sharma is also a permanent resident of the United kingdom. First Information Report No. 224 of 2005 dated 3.11.2005 was instituted by the respondent on the basis of Daily Diary Report (Annexure:PE) was registered with the Police Station Nahan stating inter alia that the pass port of respondent No.2 has been stolen. The allegations read: I was married to Mr. Vikas Joshi son of Sh. Naresh Joshi resident of 2, Chartwell Grove, Mapperley, NG 35 RD Nottingham U.K .according to Hindu right at Nahan on 27.8.2002. That during this period I was harassed physically and mentally by my in -laws. That on 7.9.2005 I alongwith my husband and in -laws Mr. Naresh HJoshi and Mrs. Aruna Joshi came to India and came to Nahan. We were supposed tos go back today by British Airways at xx p.m. But my in -laws and husband without informing me have left to U.K. through British Airways at 2.10 a.m. today. That they have intentionally, stealingly have taken away my passport valid up to 2010 and which carried a valid permanent U.K. Visa. The act of the above -said persons is illegal and criminal and, therefore, suitable action may be taken immediately so that my passport can be recovered from them on their arrival on Hitro Airport. -

(2.) F.I.R. subject matter of the present petition came to be lodged vide Annexure:PF with the intervention of the Chief judicial Magistrate on the allegation that the complainant is a resident of Mukam, Jhanda Ji, Nahan. The marriage of the complainant was solemnized with Vikas Joshi at Nahan on 27.8.2002 in accordance with custom and ceremonies governing the community to which the parties belong. The marriage was arranged by Sh. S.S.Sharma, retired Assistant Engineer. The allegations are that the parents of the complainant on demand from the accused gifted dowry articles as per list attached with the complaint. After sometime, the complainant realized that the accused were not satisfied with the dowry gifted by the parents and as such the husband as also his relation have been pressing the complainant to claim money in cash from her parents.

(3.) The gist of the complaint is that a sum of Rs.10,00,000/ - was demanded as dowry so that the husband of the complainant could purchase a house in England. When this amount was not paid, he slapped her in the presence of his parents. This in a nutshell is the grievance made in the complaint. I have not referred to the other allegations made as it is a long drawn story. It is undisputed before me that the marriage between the petitioner and the complainant has been dissolved by the Telford County Court in England on 5th July, 2006. It is also undisputed that this order (Annexure: PD) has not been challenged by any of the parties to this petition. The order reads: The marriage of Vikas Joshi and Aradhana Joshi .Before District Judge Chapman sitting at Telford County Court, Telford Square, Malinsgate, Town Centre, Telford, TF 3 4 JP. Upon hearing counsel for the applicant wife and Solicitor for the respondent Husband. And upon the husband and wife agreeing that the terms of this order are accepted in full and final satisfaction of all claims for income, capital and property adjustment and pension sharing orders and of any other nature whatsoever which either may be entitled to bring against arising in relation to the marriage.