ARVIND KUMAR TRIPATHI, J. - (1.) HEARD learned Counsel for the applicants, learned Counsel for the opposite party No. 2 and learned AGA. This Criminal Misc. Application under section 482 Cr.P.C. has been filed for quashing of the Complaint No. 2819 of 2007 (Monu Sharma v. Deepak Joshi and oth ­ers) under section 498 -A, 406 IPC and 4 D.P. Act.
(2.) THE brief facts of the case are that the applicant No. 1 was married with op ­posite party No. 2 on 26.1.2000 and from this wedlock a female child was born. In the year 2005 she left her matrimonial house and started living with her father at Robertsganj, District Sonbhadra, U.P. An application with mutual consent under section 13 -B of the Hindu Marriage Act was presented by the applicant No. 1 Deepak and opposite party No. 2 Smt. Monu Sharma alias Prachi, on 16.10.2006 and the statement was recorded on 18.10.2006. She has also accepted that she received dowry articles, Stridhan and lump sump amount for a permanent alimony. The divorce petition was adjourned fixing 23.4.2007, after statutory period of six months. However on 23.4.2007 the opposite party No. 2 Smt. Monu Sharma alias Prachi filed an application with the allegation that she was brought to the Court on 18.10.2006 by misrepresentation that she would get job after divorce and under pressure she gave incorrect statement. She further submitted that under misrepresentation of the applicant No. 1 her signature was ob ­tained and neither dowry articles was re ­turned nor anything was paid on account of maintenance in the complaint there is general allegation of demand of dowry and torture. As per allegation there was de ­mand of dowry on telephone also, while she was with father at Robertsganj. Further there was allegation against sister -in -law Seema that she used to mix a white powder in her foods, due to which her health was gradually deteriorated. She also alleged that her husband was seen by her while sleeping on the same bed with her Jethani Smt. Seema and further Smt. Seema threat ­ened to sign on the papers otherwise her aughter would be killed. According to her she never agreed to get divorce by mutual consent. After the aforesaid application the suit for divorce filed under section 13 -B of the Hindu Marriage Act was dismissed by the District Court, Narnaul on 3.10.2007. An application was moved by opposite party No. 2 under section 156(3) Cr.P.C. in the Court of Chief Judicial Magistrate, Son -badhra on 8.2.2007 for registration of the First Information Report and investigation of the case on 8.2.2007. On the aforesaid application the learned Chief Judicial Magistrate proceeded as a complaint case after recording the statement under section 200/202 Cr.P.C. and summoned the appli ­cants under sections 498 -A and 406 IPC and section 4 of the D.P. Act by order dated 11.4.2007 fixing 8.6.2007. Thereafter, the non bailable warrants were issued on 7.9.2007. On the present petition under section 482 Cr.P.C. notices were issued on 3.1.2008 and the proceedings pending in the Court of Chief Judicial Magistrate was stayed. On 5.3.2008 learned Counsel for the complainant informed that opposite party No. 2 was prepared that the matter might be sent for Mediation. Hence, by or ­der dated 5.3.2008 the matter was referred to the Mediation Centre High Court, Alla ­habad. The applicant handed over a Bank draft of Rs. 4000/ - to opposite party No. 2 in compliance of the order dated 5.3.2008. However, as per report dated 25.3.2008 Mediation failed and as such now the matter has to be decided on merit.
(3.) LEARNED Counsel for the applicant submitted that the marriage was solemenised without any dowry. Opposite party No. 2 was a fashionable lady and just after her marriage she started insisting that the applicant No. 1 should leave his paren ­tal house and to live separately along with her father at Robertsganj. When it was re ­fused, she started harassing the entire fam ­ily members. He further submitted that she left her matrimonial house in the year 2005 without any reason and started living along with her father at Robertsganj. Though the applicant tried his best to call backhand keep opposite party No. 2 along with him at his parental house but she ever turned up. Thereafter, by a mutual consent a joint divorce petition was filed before the Court of District Narnaul under section 13 -B of the Hindu Marriage Act, which was registered as complaint case No. 98/2006 on 16.10.2006 and on 18.10.2006 her statement was recorded. According to the applicant, all the dowry articles Stridhan were handed over to her which she had admitted in the statement that she had received all the articles and stridhan as well as lump sum amount as a permanent alimony.;