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1995 Supreme(Del) 270

ARUN B.SAHARYA, M.S.A.SIDDIQUI
KANTA GUPTA – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
N.K.Handa, S.K.VASHISHAT, S.P.PANDEY

Arun B. Saharya, J. (Oral)

( 1 ) THE main prayer of the petitioners is that a Writ be issued for quashing FIR No. 396/94 dated 18th of May, 1994 u/ss. 498a/406/34 Indian Penal Code registrered against them at P. S. Mangolpuri.

( 2 ). The two petitioners arc Mrs. Kanta Gupta and Mr. Sanjeev Kumar Gupta, the mother-in-law and husband respectively of Ms. Manisha Gupta and Anshu respondent 5 at whose instance the impugned FIR was registered.

( 3 ). The scope of interference in a case of this nature has been clearly delineated by Hon ble Supreme Court in State of W. B. vs. Mohd. Khalid JT. 1994 (7) SC. 660. The relevant portion, which lays down the parameters, is succinctly stated in para 49,

". . . WHERE the allegations made in the first information report or the complaint even if they are taken at their face value and accepted in the entirety do not prima facie constitute any offence or make out a case against the accused, then alone the proceedings could be quashed. "

( 4 ). In the FIR respdt 5 has stated that she is residing at Rohini, Delhi; She was married on 11. 2. 92 to petitioner No. 2, resident of 496, Sector 19, Faridabad. Her father and relatives gave in dowry lot of valuable a






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