2016 Supreme(Raj) 1625
PRAKASH GUPTA
Dr. Amit Gulati son of Dr. K. C. Gulati – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioners:Mr. R.N. Mathur, Senior Counsel assisted by Mr. Vipin Sharma, Advocate.
For the Complainant-Non-Petitioner No. 2:Mr. V.R. Bajwa, Mr. Shailesh Prakash Sharma, Mr. Amar Kumar and Mr. Gaurav Singh, Advocate.
For the Respondent: Mr. R.S. Shekhawat, Public Prosecutor for the State along with Shri Bhopal Singh Station House Officer, Vaishali Nagar, Jaipur.
JUDGMENT
1. - Heard the learned counsel for the parties.
2. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of First Information Report bearing No.89/2012 dated 04/03/2012 registered at Police Station Vaishali Nagar, Jaipur City (South) for commission of offence punishable under Section 498-A I.P.C.
3. The aforesaid report has been lodged by the complainant Smt. Ritu Gulati.
4. It is revealed from the F.I.R. that the complainant was married with petitioner No.1 Dr. Amit Gulati on 21/01/2000 at Jaipur. The present accused-petitioners are stated to be husband of the complainant and mother-in-law of the complainant respectively. The aggrieved complainant/wife-Ritu Gulati had obtained Ph.D psychology from Rajasthan University. The complainant had returned from Germany in the year 2011 and since then she has been residing in Jaipur.
5. It is submitted by learned Senior counsel for the petitioner, Shri R.N. Mathur, that both the petitioners and complainant are citizens of Germany. In view of Section 2 & 4 I.P.C., F.I.R. could not be registered in India. The present F.I.R. is registered after a delay of about 11 years. Earlier, no complaint was lodged despite the fa
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