DHEERAJ KAPOOR Vs. STATE OF NCT OF DELHI
HIGH COURT OF DELHI
STATE OF NCT OF DELHI
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P.K.BHASIN, J -
(1.) The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for quashing of FIR No. 798/2000 under Sections 498A/406/506/34 of Indian Penal Code ("I.P.C." in short), registered at Police Station Tilak Nagar on 19-09-2000 and the trial going on in the Court of Ms. Barkha Gupta, Metropolitan Magistrate, Rohini, Delhi.
(2.) It is alleged in the present petition that the marriage between petitioner no. 1 and respondent no. 2 was solemnized as per Hindu rituals and customs on 03.12.1998. Out of the wedlock a male child was born on 03.03.2000. Petitioner no. 2 is the mother-in-law and petitioner no. 3 is the sister-in-law of respondent no. 2. The complainant respondent no. 2 herein had alleged in her complaint to the police on 19-9-2000 that at the time of marriage no demand for dowry was made but two days after her marriage with petitioner no.1 all the petitioners started harassing, taunting and torturing her for bringing less dowry and not fulfilling their expectations which forced her to lodge an FIR. After the completion of the investigation challan was filed in Court and the trial is going on in the Court of Ms. Barkha Gupta, MM, Rohini.
(3.) During the pendency of the above said criminal proceedings, complainant and the petitioners after having resolved their claims, disputes have arrived at an amicable settlement as regards the custody of the child, maintenance, stridhan/dowry articles etc. and then respondent no. 2 and petitioner no. 1 filed a petition under section 13B(2) of the Hindu Marriage Act, 1955 seeking divorce by mutual consent. The learned Additional District Judge vide his judgment dated 25.02.2006 in H.M.A. No. 306/2006 has dissolved the marriage between the petitioner no. 1 and respondent no. 2.;
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