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2016 Supreme(Del) 3787

MUKTA GUPTA
Karishma Khosla – Appellant
Versus
State of Delhi (NCT of Delhi) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. D. Hasija
For the Respondents: Mr. Hirein Sharma, Mr. Prosenjeet Banerjee

JUDGMENT :

Mukta Gupta, J.

1. Aggrieved by the order dated 25th May, 2016 the petitioner who is the complainant in FIR No. 1062 of 2015 under Section 406/498A registered at PS Patel Nagar prefers the present petition. An application was filed by the respondent No.2 husband of the petitioner, an accused in the FIR, before the learned Metropolitan Magistrate seeking directions to the investigating officer to take possession of the articles of the complainant lying in the house of respondent No.2. The said application was opposed by the petitioner claiming that she was residing in the matrimonial home and by way of the application praying for recovery of the articles, the respondent No.2 could not oust her from the matrimonial home. According to the petitioner even as per the memo of parties in a petition filed by the respondent No.2 before the Family Court, Saket the present address of the complainant was that of the matrimonial home.

2. After hearing the parties the learned Trial Court allowing the application of respondent No.2 passed the following impugned order:-

“This is an application moved on behalf of applicant/accused seeking directions to the IO that she may take the possession





















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