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2016 Supreme(Del) 1005

SIDDHARTH MRIDUL
VIKAS DHINGRA – Appellant
Versus
STATE (GOVT OF NCT OF DELHI) – Respondent


Advocates Appeared:
For the Appellant :Mr. Sanjeet Kumar, Advocate.
For the Respondent:Ms Neha Dhir, Advocate for Ms Nandita Rao, Addl. Standing Counsel (Crl.).
Ms Kalpana Jain, Advocate for R-2.
SI Manish Kumar CAW/East Delhi.

JUDGMENT :

SIDDHARTH MRIDUL, J.

1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.370/2013 under Sections 406/498A IPC registered at Police Station- Gandhi Nagar, Delhi, and the proceedings arising therefrom.

2. The facts in brief are that the petitioner no. 1 (husband) and respondent No.2/complainant (wife) were married to each other according to Hindu rites and customs on 06.10.2011. One female child, namely, Baby Dimpy was born out of the said wedlock on 17.08.2012, who is in the care and custody of respondent No.2 (wife). Owing to temperamental and ideological differences between the parties to the marriage, they started living separately since 05.10.2013. On a complaint instituted by respondent no.2 (wife), the subject FIR was registered against the petitioner no. 1 (husband) and his family member.

3. Counsel for the parties state that with the intervention of the relatives and friends the outstanding matrimonial dispute between the parties to the union has been settled amicably by way of a Memorandum of Understanding dated 30.01.2014. The salient terms and conditions





















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