It is also to be observed that the complainant has sought the
assistance of police for registration of this case after a span of around
10 years. No reason plausible has been explained for not initiating
action against accused earlier. Hence also in view of judgment of
BASANT KAUR & ORS. V/S STATE (NCT OF DELHI) 101 (2002)
DLT 470 no case for conviction is made out.
4. Ld. Counsel for petitioner placed reliance upon CRM (M) no. 1739 of
2000 titled as Basant Kaur Vs. State wherein it was observed that "complaint
made after 25 years of marriage for cruelty and harassment against husband and in
laws including sister in law for incidents that occurred two decades ago cannot be
made a ground for punishing the accused after 25 years that too in a matrimonial
dispute since the same is neither the object nor intention of legislature and is a
misuse of provision".
4. The learned counsel for the petitioner submitted that the
allegations in the case by the complainant Sanju Bajaj (wife of the
petitioner) are ill conceived, unfounded and incredible for the reason
the parties were married to each other on 05.12.1985 and out of their
cohabitation children took birth, the complainant having made
allegations of cruelty, including on the ground of demand of dowry,
even against her own elder sons. Reliance is placed on judgments
reported as Basant Kaur v. State (NCT of Delhi), 2002 (101) DLT 470
Lawpack; Chandralekha & Ors. v. State of Rajasthan & Anr., (2013)
14 SCC 374; Shakson Belthissor v. State of Kerala & Anr., (2009) 14
SCC 466 and Preeti Gupta & Anr. v. State of Jharkhand & Anr.
(2010) 7 SCC 667.