Delhi High Court
Kanishk Kapoor & Anr vs State & Anr on 26 May, 2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment pronounced on: 26th May, 2015
+ Crl. M.C. No.4644/2014 & Crl. M.A. No.15851/2014 (for stay)
KANISHK KAPOOR & ANR ..... Petitioners
Through Mr. Aman Mehta, Adv.
versus
STATE & ANR ..... Respondents
Through Mr.M.P.Singh, APP for the State
along with SI Satender Kumar, PS
Hauz Qazi, in person.
Mr.Jivesh Tiwari, Adv. for R-2
along with said respondent in
person.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.
1. The abovementioned petition has been filed by the petitioners,
namely, Kanishk Kapoor and Smt.Kiran Kapoor against the
respondents, i.e. the State and Ms.Swati Gupta (respondent No.2
herein). The petitioners are the husband and mother-in-law of
respondent No.2. In the present petition, they have sought the prayer
for quashing of FIR No.121/2013, under Sections 498-A/406/34 IPC,
registered at P.S. Hauz Qazi, New Delhi.
2. The main contention of the learned counsel for the petitioners is
that the trial Court has no jurisdiction to entertain and try the present
FIR registered on the basis of the complaint made by respondent
No.2. Various judgments have been referred by the counsel. The
matter was also discussed for settlement. Respondent No.2 has
informed the Court that in case, the petitioners are ready to pay a
sum of Rs.5 lac towards full and final settlement between the parties
which will include dowry articles, dissolution of marriage by mutual
consent as well as the maintenance. She has indicated that the said
demand is not unreasonable, as her father had spent the said money
for marriage and dowry articles which was taken by him on loan. She
submits that her mother is suffering from cancer. As there is no
chance for respondent No.2 to rehabilitate with the petitioner No.1,
therefore, she wanted to dissolve all the disputes.
3. Learned counsel for the petitioners, upon instructions, has
informed that the settlement as per the demand raised by respondent
No.2 is not maintainable. At the maximum, the petitioners can pay
Rs.2 lac as full and final settlement. He is stressing for quashing of
the FIR.
4. The charge-sheet in the above said matter has been filed. The
matter is at the stage of framing of charge. The petitioners have not
disputed that the marriage between petitioner No.1 and respondent
No.2 was taken place in Delhi. The following statement was made in
the FIR:-
"........(i) Register an FIR against Kanishk and his mother
Mrs.Kiran Kapoor for demand of dowry, harassment,
beating up, rowdy behaviour and cruelty. (ii) Recover all
the STREE DHAN and other belongings of Swati Gupta
which were given by her father to her as per two lists
attached herewith which are still under possession and
control of Smt.Kiran Kapoor, mother of Kanishk. It is
prayed accordingly...........The ASI himself conducted the
investigation, during which the statements of the
witnesses were recorded and after getting concrete
evidence sufficient for arrest, necessary permission to
arrest the husband of the complainant, who is the main
accused, namely, Kanishk Kapoor son of Savtantar
Kapoor, residing at the above said address was got from
the Senior Officials. The accused party has returned the
stridhan to the complainant in view of the orders of the
Court and the accused Kanishk Kapoor had been granted
anticipatory bail by the Court of Ms.Savita Rao, ASJ Court
No.222, Tis Hazari, Delhi. The said accused Kanishk
Kapoor was thereafter arrested in the present case and
was released on bail. Kanishk Kapoor, the husband and
Kiran Kapoor, the mother-in-law, of the complainant Swati
Gupta used to cause beatings to the complainant and
also raised demand for Car and cash amount as dowry.
Due to the said demands, the complainant left her
matrimonial home and she came to her parents' house.
Still the accused Kanishk Kapoor and Kiran Kapoor
continued their demands for Car and cash money from
her family members. As per the investigation till date and
the statements of the witnesses as well as facts and
circumstances of the case, a case is made out against the
accused Kanishk Kapoor and Kiran Kumar, the husband
and mother-in-law of the complainant Swati Gupta, for the
purpose of submitting the challan under Sections
498A/406/34 IPC. Thus, the present challan is submitted
against the accused Kanishk Kapoor, husband (with
arrest) and Smt.Kiran Kapoor, mother-in-law (without
arrest) before the Court. The Court may take cognizance
of the matter and initiate proceedings after summoning
the witnesses through summons as well as the accused
through notice."
5. In view of the said averments, I am not inclined to quash the
FIR in question at this stage in the present petition. However, the
petitioners are at liberty to raise the said pleas and argue the issues
before the trial Court at the time of arguments on framing of charge.
6. The present petition is accordingly dismissed. Pending
application also stands disposed of.
(MANMOHAN SINGH)
JUDGE
MAY 26, 2015
