TMI Blog2014 (2) TMI 1353X X X X Extracts X X X X X X X X Extracts X X X X ..... plaint petition or FIR would not be permissible at the stage of quashing and the facts stated will have to be accepted as they appear on the very face of it. This is the core test that has to be applied before summoning the accused. Once the aforesaid stage is overcome, the facts alleged have to be proved by the complainant/prosecution on the basis of legal evidence in order to establish the penal liability of the person charged with the offence. The complaint petition registered as Complaint No. 287/1A (Monica Vs. Vikas Sharma and Others) presently pending in the Court of Metropolitan Magistrate, Patiala House, New Delhi cannot be interdicted but has to be finally concluded by the learned Trial Court - Appeal dismissed,. - Criminal Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der dated 27.07.2009 leave was granted and the appeals registered as Criminal Appeal Nos. 1325-1326 of 2009 were disposed of by this Court holding that while no offence under Section 498A of the Penal Code was made out against either of the appellants, the offence under Section 406, as alleged, was prima facie made out against the appellant No. 2 alone. 4. Aggrieved by the said judgment and order dated 27.07.2009 of this Court, the respondent filed Review Petition Nos. 384-385 of 2009 which were dismissed by this Court by order dated 01.09.2009. Thereafter, the National Commission for Women as well as respondent herself filed Curative Petition (Crl.) Nos. 24-25 of 2010 and Curative Petition (Crl.) No. D 10575 of 2010 respectively ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact, the said accused has been brought on the record of the present proceedings as respondent No. 2 on the basis of an application filed by the respondent Monica claiming that the addition of her husband as a respondent is necessary for the purposes of facilitating a reconciliation which, however, did not materialise though was attempted. 7. We have read and considered the statements made by the complainant (respondent herein) in the complaint petition, particularly those in paragraphs 16, 17, 18, 19, 24 and 29 thereof. The said paragraphs have also been noticed by the High Court in its order dated 21.01.2008. A detailed recital of the manner in which the present appellants and the respondent No. 2 had allegedly ill-treated the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would come within the meaning of the expression cruelty . While instances of physical torture would be plainly evident from the pleadings, conduct which has caused or is likely to cause mental injury would be far more subtle. Having given our anxious consideration to the averments made in the complaint petition, we are of the view that the statements made in the relevant paragraphs of the complaint can be understood as containing allegations of mental cruelty to the complainant. The complaint, therefore, cannot be rejected at the threshold. 10. The facts, as alleged, therefore will have to be proved which only be done in the course of a regular trial. It is wholly unnecessary for us to embark upon a discourse as regards the scop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the complaint petition registered as Complaint No. 287/1A (Monica Vs. Vikas Sharma and Others) presently pending in the Court of Metropolitan Magistrate, Patiala House, New Delhi cannot be interdicted but has to be finally concluded by the learned Trial Court. We, therefore, dismiss the appeals filed by the accused and in view of the time that has elapsed, we direct that the trial be completed expeditiously and in any case within a period of one year from the date of receipt of a copy of this order by the learned Trial Court. Writ Petition (Crl.) No. 101/2013 13. Monica, the respondent in the Criminal Appeals dealt with by this order, has instituted this writ petition under Article 32 of the Constitution seeking the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 25 of the Code. The scope and ambit of the said provision of the Code has recently been dealt with in Poongodi and Another Vs. Thangavel[1] wherein reference has been made to several earlier decisions on the issue. When the enforcement and execution of an order passed under a statute is contemplated by the statute itself, normally, an aggrieved litigant has to take recourse to the remedy provided under the statute. In fact the petitioner has initiated a proceeding for execution of the order of maintenance granted in her favour. The fact that the husband (respondent herein) against whom the order of maintenance is required to be enforced lives outside the territory of India, in our considered view, cannot be a reasonable basis for invoking t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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