1.
The Petitioners herein are constrained to approach this Hon’ble Court by
way of the present Petition under Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) seeking quashing of
FIR No. 0561/2022 dated 29 July 2022 registered under Sections
498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as
“IPC”) at P.S. Khyala, (hereinafter referred to as Petitioners herein including
Final Report filed by the Respondent No. 1 qua the Petitioners under Sections
498A/34 of the Indian Penal Code, 1860, before the Court of Ld. M.M (Mahila
Court-02), South East, Saket Court, New Delhi. A true copy of the Impugned
FIR is annexed herewith and marked as ANNEXURE P-1. A true copy of the
Final Report under Sections 498 A/34 of the Indian Penal Code, 1860 filed by
the Respondent No. 1 qua the Petitioners before the before the Court of Ld. M.M
(Mahila Court-02), South East, Saket Court, New Delhi is annexed herewith and
marked as ANNEXURE P-2.
2. The Petitioners herein are law abiding citizens, who have been wrongly
arraigned as Accused Persons in the impugned FIR. The Petitioners are
permanent residents at the address mentioned in the Memo of Parties
appended to the present Petition, which is in New Delhi and have resided
at the said address since the past 15 years.
3. The Respondent No.1 is the State of National Capital Territory of Delhi
that represents P.S. Greater Kailash – I, New Delhi where the impugned
FIR is registered.
4. The Respondent No. 2 is the Complainant in the instant case. The Respondent
No. 2 is married to the nephew of the Petitioners herein. It is at the instance and
upon the Complaint of the Respondent No. 2, that the Impugned FIR was
registered by the Respondent No.1.
BRIEF FACTS
5. The brief facts leading up to filing of the present Petition are as under:
a) On 19 April 2019, the Respondent No. 2 and the Petitioner’s nephew, Mr.
Siddharth Verma got married at Grand Horizon Karmpura, New Delhi following
Hindu traditions.
b) After the marriage, the Respondent No. 2 and the Petitioner’s nephew,
Mr. Siddharth Verma resided as husband and wife in Mumbai.
c) After the marriage of the Respondent No. 2 to Mr. Siddharth Verma, certain
disputes arose between them, and since sometime in the middle of
2021, they started residing separately.
d) On 11 April 2022, the Respondent No. 2 filed a Complaint with the
CAW Cell, Kirti Nagar alleging the commission of certain offences by her
husband, Mr. Siddharth Verma, his mother, Mrs. Dipti Jaiswal Gupta and the
Petitioners herein, i.e., the paternal aunt and uncle of Mr. Sooruj Gupta.
e) As per the allegations made in the Complaint itself, it is admitted position of
the the Respondent No. 2 that her matrimonial home was in Mumbai and all her
belongings, valuables and important documents were kept there. Further, as per
the allegations made in the Complaint itself, the Respondent No. 2 only visited
the home of the Petitioners in New Delhi on very few special occasions.
Additionally, as per the allegations made in the Complaint itself, subsequent to
the marriage of the Respondent No. 2 and her husband on 6 June 2018, they
were not in India from 19 December 2018 till 5 February 2019. From 5 February
2019 till 14 February 2019, the Respondent No. 2 resided in her matrimonial
home in Mumbai and on 15 February 2019, the Respondent No. 2 returned to her
parental home.
f) The only allegation made by the Respondent No. 2 against the Petitioners
herein in the Complaint dated 20 June 2019 is that allegedly on one occasion, the
Petitioners herein allegedly told the Respondent No. 2 that her family should
either buy her husband, Mr. Sooruj Gupta, a property in Gurugram or transfer
her father’s flat to her husband. The Respondent No. 2 has not filed any
evidence, documentary or
Mahesh Kumar Chaudhary and Ors . vs . The State of Jharkhand and Ors .
( 16 . 06 . 2022 - JHRHC )
......Case Note: Criminal - Quashing of FIR - Section 498A of Indian Penal Code, 1860...thi
Division Bench of Delhi High court in the case of Amandeep Singh...the Division Ben
the Delhi High Court,
Jitender Mehta vs . Shivani Mehta and Ors . ( 16 . 05 . 2018 - JKHC )
