GULSHAN KAPOOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused-petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. for quashing the proceedings pending against them in the Court of Judicial Magistrate No.4, Bharatpur for the offence under Section 498-A IPC and Section 4 of Dowry Prohibition Act in Regular Criminal Case No.2/2005 and also to set aside the impugned order dated 20.7.2009 whereby learned trial Court dismissed the application filed on behalf of the petitioners under Section 177 Cr.P.C.

(3.) The brief relevant facts for the disposal of this petition are that the marriage of non-petitioner-complainant Smt. Usha was performed with petitioner No.3 Naresh Kumar on 13.4.2000 at Delhi and at that time both the parties were residing at Delhi itself. The non-petitioner lodged a written report on 3.12.2000 at Police Station Mandawali, District Delhi (East) against the petitioners and some other family members for the offences under Sections 498-A and 406 IPC and upon that formal FIR No. 192/2001 for the above offences was registered on 25.6.2001. The Delhi Police after investigation submitted charge-sheet against seven persons including present petitioners for the above offences on 29.9.2001. Thereafter, the non-petitioner-complainant filed Criminal Misc. Petition No.4350/2003 before Hon'ble Delhi High Court with the prayer that proceedings arising out of FIR No. 192/2001 may be quashed. The Hon'ble Delhi High Court looking to the fact that compromise has been arrived at between the parties and the non-petitioner-complainant and the accused-petitioner Shri Naresh Kumar have decided to live together was pleased to quash the FIR and the proceedings pending before the competent Court arising out of the FIR vide order dated 28.10.2003. Thereafter, the non-petitioner-complainant submitted a complaint in the trial Court for the offences under Section 498-A and 406 IPC and Section 4 & 5 of Dowry Prohibition Act against 15 persons including the petitioners and that complaint was sent for investigation under Section 156(3) Cr.P.C. to Police Station Atalband, District Bharatpur and upon that FIR No.28/2004 for the above offences was registered. In this complaint, apart from other facts it was averred that even after compromise between the parties, the husband of the complainant and his family members continued to demand dowry and when their demand was not fulfilled they ill-treated her and she was thrown out from her matrimonial home on 15.11.2003 and after that she is residing with her father at Bharatpur. The Police after investigation filed charge-sheet against the present petitioners only for the offence under Section 498-A IPC and Section 4 of the Dowry Prohibition Act. The learned trial Court took cognizance and petitioners appeared before the Court. Thereafter, the petitioners filed SB Criminal Misc. Petition No. 1258/2005 before this Court with a prayer that proceedings pending before the trial Court may be quashed. The petitioners also filed an application under Section 177 Cr.P.C. before the trial Court on 29.4.2005 praying therein that the trial Court does not have jurisdiction and the proceedings pending before it are liable to be set aside. It is to be noted that on the prayer of the petitioners Criminal Misc. Petition No.1258/2005 was dismissed as withdrawn vide order dated 14.7.2006. The non-petitioner-complainant filed a reply to the application submitted by the petitioners under Section 177 Cr.P.C. on 26.7.2007 and the trial Court after hearing both the parties vide impugned order dated 20.7.2009 dismissed that application. Being aggrieved, the petitioners are before this Court by way of this petition.