Crl. M.C. No.1699/2015

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on : March 22, 2016

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CRL.M.C. 1699/2015

ROHIT KUTHIALA & ORS

..... Petitioner

Through:

Mr.Vikas Pahwa, Sr.Adv. with

Mr.Prosenjeet Banerjee, Mr.Chand

Chopra, Mr.Vipul Sharma and

Mr.Aditya Dogra, Advocates.

versus

STATE & ANR

..... Respondent

Through:

Ms.Manjeet Arya, Additional Public

Prosecutor for the State.

Mr.Vishal Chadha, Advocate for

respondent No.2.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

JUDGMENT

P.S.TEJI, J.

1.

By this petition filed under Section 482 of Cr. P.C., the

petitioners seeks quashing of the summoning order dated 30.07.2014

whereby the petitioners have been summoned and to quash the FIR

No. 68/2013, registered at Police Station Crime Against Women Cell,

Nanakpura, New Delhi and the proceedings emanating therefrom,

passed by learned Metropolitan Magistrate-01, Mahila Court, South-

West, Dwarka Courts, Delhi.

2.

In nutshell, the brief facts of the case are that the petitioner No.1

got married with respondent No.2 on 04.12.2005 as per Hindu rites

and ceremonies at Resort Country Club, Manesar, Haryana. Reception

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was held in Gurgaon on 06.12.2005. On 07.12.2005, the newly

wedded couple left for Watford Hertfordshire, United Kingdom and

started residing as husband and wife. Out of the wedlock of the

petitioner No.1 and the respondent No.2, a son – Ronit Kuthiala was

born on 13.01.2007 in Watford, U.K. On 24.03.2007, respondent No.2

left her matrimonial house at Watford, UK with all her personal

belongings and stayed in a rented accommodation separately. Since

she was not living with her husband, therefore, she was not granted

dependent visa by the UK immigration authorities and ultimately she

had to leave UK in February 2008. The petitioner No.1 filed a divorce

petition in Watford County Court, UK on 16.07.2009. During

pendency of the divorce petition, correspondences were exchanged

between the solicitors of petitioner No.1 and respondent No. 2,

wherein the solicitor for respondent No. 2 accepted that the marriage

has broken down irretrievably and respondent No. 2 allows the

divorce petition to proceed on an undefended basis and vide letter

dated 28.10.2009, respondent No. 2 reminded the petitioner to file the

divorce as soon as possible in order to minimize costs as the

respondent No. 2 was not inclined to file any acknowledgement and

cross-petition. Vide letter dated 29.01.2010, the respondent No. 2

while denying the allegations, accepted the fact that the marriage

between the petitioner No.1 and respondent No. 2 has broken down.

Consequently, on 27.07.2010, the Watford Country Court passed a

decree nisi on the ground that the marriage has irretrievably broken

down on account of respondent No. 2’s unreasonable behavior.

Thereafter, upon applying for decree absolute, by the petitioner No.1

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on 11.02.2011, the Watford Country Court passed decree absolute on

06.08.2012.

3.

As per case of the petitioner, after the decree absolute was

granted, respondent No. 2 became vindictive and started sending

obscene emails to the petitioner No.1’s relatives and employers. A

complaint in this regard was filed by the father of the petitioner No.1

against respondent No. 2 on 14.07.2012 and accordingly an FIR

No.311/2012 under Section 66C and 67A of I.T. Act 2000 was

registered at Police Station Palam Vihar, Gurgaon. In counterblast to

the aforesaid complaint of father of the petitioner No.1, respondent

No. 2 filed a criminal complaint with the CAW Cell, Nanakpura

against the petitioner No.1 and his parents on 01.02.2013. Notices in

the said complaint were issued and the petitioners cooperated in the

investigation, all the istridhan belonging to respondent No. 2 was

returned but still the efforts to settle the matter failed and FIR No.

68/2013 under Section 498A/406/34 of IPC was registered against the

petitioners. After completion of investigation, charge sheet in th