ONKAR NATH MISHRA Vs. STATE N C T OF DELHI
LAWS(SC)-2007-12-99
SUPREME COURT OF INDIA
Decided on December 14,2007

ONKAR NATH MISHRA Appellant
VERSUS
State N C T Of Delhi Respondents

JUDGEMENT

D.K.JAIN, J. - (1.) LEAVE granted.
(2.) THIS appeal by the three accused arises out of the order dated 05/03/2007, passed by the High Court of Delhi, dismissing the Criminal Revision Petition No. 92 of 1998 filed by them. In the said petition, a prayer was made by the appellants to quash the charge sheet and the consequential proceedings arising out of First Information Report (FIR) No. 155 of 1995, instituted in the Court of Metropolitan Magistrate, New Delhi. Appellants No. 1, 2 and 3 are respectively the father in law, sister in law and the husband of the complainant. A few facts, leading to the present proceedings and necessary to dispose of the appeal are: The marriage between the complainant and appellant No. 3 was solemnized at New Delhi on 05/12/1993. After the marriage, the complainant was residing at her matrimonial home in Delhi. It appears that there was some matrimonial discord between the complainant and her husband, appellant No. 3, which resulted in filing of a complaint by the complainant on 17/05/1994 in the Crime against Women ('CAW' for short) Cell, Delhi, inter alia, alleging that she was harassed by her husband and in laws. However, the matter was compromised on 26/06/1994 and as agreed, on 03/07/1994, the complainant joined her husband at Bijnore (U.P.), where he was posted. However, she returned back to her parental home in Delhi in mid August 1994, as she was expecting a child.
(3.) ON 08/11/1994, she lodged another complaint in CAW Cell. The said complaint was the foundation for registration of FIR No. 155 of 1995, alleging commission of offences by the appellants under S.498A, S.406/34 of the Indian Penal Code ('IPC', for short). For the sake of ready reference, the same is extracted below: "I, Neetu, d/o R.P. Dixit W/o Ashutosh Misra wish to inform you that as per compromise in the Cell on 22/06/1994 with my husband I went to Bijnore on 03/07/1994 on the suggestion of my husband I came to Delhi along with my parents on 12/08/1994 for delivery. I gave birth to a son on 04/09/1994. My husband came to hospital on 05/09/1994 and requested me to come to Bijnore after 40 days. He gave me no money for expenditure. When I left Bijnore he gave me only Rs.1/- only. I did not receive any phone from him till 7th November, 1994. Then I phoned him and told him that he was required to go to Cell on 28/10/1994. He told me that he has no time to go to Cell and to bring me to Bijnore. You can come to Bijnore if you apologize to my father. Keep him happy, obey my sister and talk to your father to give you Rs.50,000/- and VCR to bring with you. Then I can come to bring you. If you come here alone with the child, we will give you good beatings. My husband came to Rajouri Garden every Saturday 'Sunday in September' October and on Dushera and Diwali. This can be verified from neighbour Hira Lal and Smt. Nirmala Sharma, President Mahilla Jagriti Samiti. Almost 2 weeks ago, Hira Lal informed me that my husband took away all my belongings with him at 4 A.M. In view of above facts, I think these three persons are conspiring. Therefore, I request that my case may be reopened and my father in law, husband and sister in law may be punished." (emphasis supplied) ;


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