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2017 Supreme(Del) 3767

VINOD GOEL
Anil Kumar Garg – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioners:Mr.Sushil Shukla, Adv. with Mr.Rachit Batra, Adv. with petitioners No.1 and 2 in person.
For the Respondents: Mr. Ashish Negi, Adv. for Ms. Richa Kapoor, ASC for State with W/ASI Krishna, P.S. Vikas Puri., Mr. Himanshu Kapoor, Adv. along with in person.

JUDGMENT :

VINOD GOEL, J.

1. Respondent No.2 appears in person. She is being represented by her counsel. She is duly identified by IO W/ASI Krishna.

2. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No.0409/2016, registered on 20.05.2016 against them with Police Station Vikas Puri, West District, Delhi, under Sections 498/406/377/354/354(A)/506/509 IPC on the complaint of respondent No.2.

3. The marriage of the petitioner no.3 with the respondent no. 2 was solemnized on 05.12.2014 as per Hindu rites and ceremonies. However, out of this wedlock no child was born.

4. After solemnization of their marriage, the petitioner no.3 and the respondent no.2 started residing together in the matrimonial home. Due to some temperamental differences between the petitioner no.3 and the respondent no.2, they could not reconcile with each other. Resultantly, the respondent no.2 left the matrimonial home on 27.12.2014 and started residing separately with her parents.

5. The petitioner no.3 and respondent no.2 were residing in USA. T




















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