Brig Dinesh Khatri & Anr vs The State Govt Of Nct Of Delhi & Anr

Headnote AI-drafted · Reviewed and approved

The petitioners, father-in-law and mother-in-law of the complainant Neha Khatri, filed two writ petitions under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking quashing of a charge-sheet filed against them in FIR No. 154/2015 under Sections 498A/323/504/506 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961, registered at Police Station Gautam Budh Nagar, U.P., as well as Complaint Case No. 1430/2016 under Sections 18/19/20/21/22 of the Protection of Women from Domestic Violence Act, 2005 pending before the Metropolitan Magistrate, Delhi.

The petitioners contended that the complainant-respondent suffered from a pre-existing Bipolar Maniac Disorder which was concealed from them prior to the marriage, and that the criminal proceedings were an abuse of process. They submitted that despite their consistent support and medical care for the respondent, she made false allegations of cruelty, dowry demand and domestic violence against them. The father of the complainant had, in January 2013, sent an email acknowledging the concealment of her medical condition.

The matter arose in the background of a matrimonial dispute between the complainant and her husband Ankur Khatri, son of the petitioners, who is an officer in the Merchant Navy. The petitioners are retired senior Army officer and homemaker residing in Pune, Maharashtra, and sought relief from proceedings initiated in Delhi and Uttar Pradesh.

Catchwords: quashing of charge-sheet · Section 498A IPC · dowry prohibition · domestic violence · matrimonial dispute · Bipolar Maniac Disorder · concealment of pre-existing condition · Article 226 · Section 482 Cr.P.C. · cruelty · writ petition

Quashing of FIR (Section 482 CrPC / 528 BNSS) Cruelty and Section 498A IPC / 85 BNS