IN THE HIGH COURT OF DELHI
Shiv Narayan Dhingra, J.
Amit Sharma - Appellant
Versus
State - Respondent
Crl. M.C. 722 of 2009
Decided On : 06-08-2010
Shiv Narayan Dhingra, J.
1. The present petition under Section 482 Cr.P.C read with Article 227 of the Constitution of India has been preferred by the petitioner for quashing of FIR No.170 dated 15th August, 2008 registered at Police Station Kirti Nagar, West Delhi District, New Delhi.
2. The present FIR was registered at the behest of Smt. Kavita Gupta who a resident of USA and had come to Delhi perhaps only for registration of this FIR. A perusal of FIR reveals that Smt. Kavita Gupta was living in USA since 1993. She obtained Master Degree in Electrical Engineering from Arizona State, USA in 1995 and subsequently got employed in USA and started working there and living there. She came to India at Panchkula, Haryana for the purpose of marriage and was married to Shri Amit Sharma on 10th January 2000 at Panchkula. After this marriage, her version of events, as given in FIR reads as under:
"After marriage, I and my husband went to USA and all the documents and money for the visa and other arranged by me as per assurance and promise of the husband that when we will reach at USA, I already arranged a job at there through my friends and sister immediately I will joint there and payback to all the money spent by you for my visa and other expenses in presence of my father in law and mother in law. Accordingly, my husband and I arrived at USA in the month end of January, 2000 and I shocked after four months pass away when my husband at home without any job neither he tries for the same nor any tension in his mind, totally depends upon me as well as enjoy with my hard earning money congregate since 1993 and the present salary earned by me. In continuation, my husband wants to persuade a professional course for the same course I burdened the shelter, education and day to day expenses of my husband, texts books, fees, etc. Till 2003 I provided well professional education my husband and accordingly he got the join in the year, 2004 as per the hardship, sacrifice and financial and monetary help and encouragement of mine. I have, sponsored him H-4 spouse visa to USA. Thus facilitating immigration to USA and sponsored his Green Card application. As such I have not been able to enjoy my matrimonial life and married life normally and I totally sacrificed her obligations and enjoyments only for the career and goodwill of my husband. Further, I have provided a car to him for his personal use totally financed by me just to maintain the respondent's social status in the University as well as his friends circle. The year wise events of sacrifice and financial help provided by me annexed as Annexure-B. My nightmare started after my husband got a full time job. As soon as he was settled into his job, his parents (father in law and mother in law) sponsored by his sister for green cards and they come to stay on a permanent basis at my place now in addition to supporting my husband, I was forced to pay for his parents expenditure as well. It is to be noted that I was not even informed about the development that they were planning to immigrate permanently and would be staying with the complainant. His sister Anita Trehan sponsored and signed the financial support documents agreeing to support his parents. However, she has not contributed singly penny towards their support nor offer to keep them at her home. This information has been reported to USA immigration authorities as well. His parents in compliance with his sister and my husband therefore forced their way into the house in Houston and started to threatened me and harass me if I questioned them on this step. Further, I submit that they treated me like a slave and prisoner in my own house each time of which has been bought with my own hard earned money. I was subjected to mental abuse, and criticized the complainant constantly and made her lose of her self-esteem. It is to be noted that I was undergoing infertility (intrusive inventor fertilization procedure) chiefly because of my husb