Jurisdictional issues and specific allegations of demands and entrustment of articles at Delhi preclude the quashing of the FIR.

Mukta Gupta, J.

Crl.M.A. No. 2651/2018 (Exemption)

Allowed, subject to all just exception.

W.P.(CRL) 444/2018 and Crl.M.A. No. 2650/2018

1. By this petition, the petitioners seek quashing of FIR No. 55/2017 under Section 498A, 406, 34 IPC registered at PS CWC Nanak Pura and the proceeding pursuant thereto.

2. The main grounds inter alia urged by learned counsel for the petitioners seeking quashing of FIR in question are that FIR is part of the series of false and frivolous litigation instituted by respondent No. 2, the Petitioners are borne and brought up in South Africa, thus citizens of South Africa, being foreign residents they cannot be subject to Indian Law merely because respondent No. 2 is living in India, no approval under Section 188 Cr.P.C. having been taken the registration of FIR and cognizance thereon is illegal. Learned counsel for the petitioners also urges that no cognizance of the offences could have been taken as the same is barred by limitation as per Section 467/468/469 Cr.P.C.

3. Petitioners also state that the complainant had earlier also married with a person and then taken divorce levelling allegations of mental and physical cruelty. It is the case of the petitioners that the parties stayed in Delhi at Sheraton Hotel from 25th June 2015 up till 1st July, 2015 that is only for a period of six days, whereafter the respondent No. 2/complainant and Dirshan, son of the petitioners had gone for their honeymoon from 2nd July, 2015 to 7th July, 2015 to Udaipur, when the petitioners had no occasion to be present with them. Thus there being no allegation attributed even remotely or made out against the petitioners, the FIR in question is liable to be quashed.

4. In short the contents of FIR No. 55/2017 lodged by the respondent No. 2 at PS CWC Nanakpura are that she had filed a case under Protection of Women from Domestic Violence Act at the District Court Saket which is pending. She further stated that since the petitioners and their son Dirshan caused mental and physical cruelty, she had filed the present FIR.

5. According to the complainant, Dirshan and respondent No. 2 married as per Hindu rites and ceremonies on 23rd June, 2015 at New Delhi. It is alleged that the petitioners and their son treated the complainant with great physical, psychological, emotional, sexual, economic and mental cruelty. The marriage was materialised through the website Shaadi.com and from the very inception all the accused demanded a lavish wedding at a five star hotel with great pomp and show. Since the family of the complainant was unable to satisfy their unreasonable and exorbitant demands, the petitioners got annoyed with the complainant and she was humiliated by the petitioners and their son. It is the case of the complainant that Dirshan suffered from General Anxiety Disorder, had been admitted to various hospitals for psychiatric treatment and was on constant medication for many years which fact was not revealed to the complainant. It is specifically alleged that prior to December, 2014 the petitioners herein who are the parents of Dirshan came to New Delhi from Surat when they did not reveal the factum of Dirshan suffering from psychiatric disorder and that his earlier marriage was dissolved due to psychiatric disorder, thus they played fraud on the complainant.

6. As per the complainant, the petitioners came to Delhi in December, 2014 and made a demand of having a lavish wedding in a Five Star Hotel which her parents could not do as they did not have the money to perform a wedding reception at New Delhi Sheraton, Saket. The petitioners also wanted the complainant and her parents to serve alcohol but the complainant and her parents due to economic constrains could not serve alcohol at the function. Annoyed by the same, the petitioner No.2 herein taunted the complainant just one day before the reception on 27th June, 2015 at the Sheraton Hotel, Saket and wanted the complainant and her parents to pay for the accommodation at S