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2017 Supreme(Del) 3776

VINOD GOEL
Amit Tanwar – Appellant
Versus
State Nct Of Delhi – Respondent


Advocates Appeared:
For the Petitioners:Mr. Pankaj Tanwar, Advocate with Mr.D.S. Tomar, Advocate and petitioners in person.
For the Respondents:Ms. Kamna Vohra, ASC, for the State with SI Ravi Yadav, P.S. Kotla Mubarakpur, New Delhi. Mr. Munish Chhoker, Advocate for R-2 along with respondent No.2 in person.

ORDER :

1. Respondent no. 2 is present. She is being represented by her counsel. She is duly identified by IO Ravi Yadav.

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.420 registered on 14.04.2015 against them with Police Station Kotla Mubarakpur, South Delhi, under Sections 498A/406/34 IPC on the complaint of respondent No.2.

3. The marriage of the petitioner no.1 and the respondent no. 2 was solemnized on 20.02.2011 as per Hindu rites and ceremonies. However, out of this wedlock no child was born.

4. After solemnization of their marriage, the petitioner no. 1 and the respondent no. 2 started residing together in the matrimonial home. Due to some temperamental differences between the petitioner no. 1 and the respondent no. 2, they could not reconcile with each other. Resultantly, the respondent no.2 left the matrimonial home on 20.05.2011 and started residing separately.

5. The respondent no. 2 lodged a complaint with CAW Cell which culminated into said FIR against the petitioners. She had also filed a p








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