( 1 ) THIS writ petition under Article 226 of the Constitution of India read with Section 482 Cr. P. C. has been made for quashing of FIR No. 277/2003 under Section 498a/406 IPC registered at Police Station New Friends Colony, delhi. Petitioners are mother and brother of the former husband of the complainant (ex mother-in-law and brother-in-law of the complainant ).

( 2 ) IN the FIR, complainant stated that she was married to Anuranjan gultai R/0 3245, N. oakland Avenue Milwaukee, WI 43211, USA on 13. 08. 1993 at New delhi. In marriage, her parents spent Rs. 2. 5 lac for expenses towards reception of guests, gave various articles and gifts worth Rs. 1,46,000/- and an amount of Rs. 4500/- was paid to Anuranjan Gulati by cheque. Anuranjan Gulati was a computer engineer working in USA. Marriage took place in Jai Krishna temple at Pitampura. Her parents paid for her ticket to USA at the time when she left for USA to join her husband. Her precious and heavy jewellery were kept in India by her mother-in-law and brother-in-law. She went to USA however, the attitude of her husband in USA was not good towards her and he started harassing her physically and mentally.

( 3 ) ON 06. 5. 1997 her husband filed a divorce petition in the Circuit court of USA. She contested the divorce petition which was later withdrawn by her husband on 03. 6. 1998. Her husband shifted his residence from Lake County and on 31. 8. 1998, he filed another petition for divorce in the Circuit Court, lake Country, Illinois, USA. She hired services of another lawyer and contested the divorce petition to her might. However, vide order dated 31. 3. 1999 divorce petition was allowed and marriage was dissolved. In the order, the Court asked for exchange of dowry and other articles etc. but the same were not returned to her either by her ex-husband or by her mother-in-law or brother-in-law. She approached the Appellate Court in USA and challenged the decree of the Trial court. The appeal was dismissed. She alleged that she could not pursue the legal remedy in USA properly due to financial constraints. She came back to india on 31. 7. 2002 thereafter, she lodged this FIR on 1. 6. 2003.

( 4 ) QUASHING of this FIR has been prayed for by the petitioners. It is argued by the counsel for petitioners that no offence has been committed by any of the petitioners. There are no allegations of cruelty against the petitioners. The complainant, after marriage left for USA and all along lived in USA till July, 2002. Even after July, 2002 she had not stayed with the petitioners even for a single day and there was no occasion for petitioners to harass her for dowry and perpetuate any

cruelty. Complainant had left behind some jewellery articles and as per decree of divorce, which case was duly contested by the complainant, both the parties were to exchange certain articles. The ex-husband of the complainant had been all along writing to the complainant to take back those articles, but the complainant instead of taking back the articles, lodged this FIR.

( 5 ) THE complainant has not disputed about her contesting divorce petition and filing an appeal before the US Court. The orders of the US Court have been placed on record. The decree passed by the USA Court has not been challenged. The order of the US Court shows that the complainant had taken up all grounds like withholding her property, dowry etc. by her husband. The US court directed the parties to exchange articles and passed following order:

A. That the bonds of matrimony now existing between the petitioner, anuranjan GULATI and the Respondent, ANUJA GULATI be and are hereby dissolved pursuant to Statute. That said dissolution is granted to both Petitioner and respondent. B. That the marital home located at 1258 S. Pleasant Hill Gate, wakegan, Illinois has been sold and will close on or about March 31, 1999. That the net sales proceeds after paying all costs of sale and deb (s) on the home shall be equally divided between the par

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