The main legal point established is the requirement to accept the materials brought on record by the prosecution as true at the stage of framing charges and the clarification of the relevant date for computing the period of limitation under Section 468 of the Code of Criminal Procedure.

ASHUTOSH KUMAR, J.

1. The petitioners, who are the parents in law of the complainant Vandana Jain, have challenged the order dated 09.01.2015 whereby the learned Metropolitan Magistrate, Mahila Courts-02, Dwarka Courts, Delhi has refused to discharge them with respect to offence under Section 498A of the IPC in connection with FIR No.55/11 (P.S.Dabri).

2. The complainant Vandana Jain had lodged an FIR alleging that she got married to one Nitin Jain, son of the petitioners on 03.03.2009 in accordance with Hindu rites and rituals at Delhi. At the time of marriage, tall claims were made by the accused persons regarding their financial strength and status in society but those claims were shortly found to be false. It was alleged that after the marriage, the accused persons insinuated the complainant of bringing insufficient dowry and she was asked to hand over all the personal jewellery. The husband of the complainant was working at Nigeria. The petitioner No.1 was alleged to have behaved in a strange fashion and occasionally displayed abusive behavior as against the complainant. Petitioner No.2, the mother-in-law of the complainant taunted her for bringing less dowry and asked her to deposit all her jewellery with the in-laws. The complainant has alleged of being assaulted physically by her husband in an inebriated condition. When the complainant visited Nigeria, she was made to stay in a flat which was shared by the relatives of her husband. The husband and his relatives were in the habit of consuming liquor and watching pornographic films. Her protest regarding the same was met with physical and mental torture. On deterioration of her health, she came back to India. After coming back from Nigeria, she was ill treated in her matrimonial home and was made to do all house hold work. After sometime, the husband of the complainant left for Nigeria, never to come back. The complainant has alleged that such acts of torture and harassment made her extremely depressed and she had to undergo treatment for the same in a hospital at Delhi.

3. Learned counsel appearing for the petitioners submitted that a complaint was given to the CAW Cell in which the complainant had stated that she had been residing with her parents for the last six months. Before the CAW Cell, the complainant did not appear on several dates and did not produce the list of dowry articles. The CAW Cell kept the matter pending for about two years and the FIR was registered only on 12.02.2011.

4. Learned counsel for the petitioners has further submitted that the police, after investigation submitted a report under Section 173 of the Code of Criminal Procedure, sending up the husband of the complainant only for trial and with respect to the petitioners it was stated that there were no sufficient materials to put them on trial.

5. Despite this, the Court of the learned Magistrate took cognizance against the petitioners under Sections 498A/406 and 34 of the IPC by order dated 13.09.2013.

6. The aforesaid order dated 13.09.2013 was never challenged before any Court of law.

7. An application for discharge by the petitioners was rejected by the Court below vide order dated 09.01.2015. Hence the present petition.

8. Perused the records and heard the counsel for the parties.

9. The charge sheet which was filed by the police clearly discloses that the husband of the complainant was residing in Nigeria and he could not be traced. The charge sheet also took note of the fact that during the course of investigation, when the petitioners had prayed for bail, the dispute was settled between them and the complainant on deposit of Rs.15 lakhs by the order of the High Court. The complainant had accepted such amount towards settlement of her matrimonial disputes. Initially an amount of Rs.15 lakhs was deposited with the Registrar General of Delhi High Court but on the request of the complainant, the same was released in her favour. The complainant who is present in person admits of he