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2016 Supreme(Del) 4580

SIDDHARTH MRIDUL
Anand Kumar Verma – Appellant
Versus
State (Nct. of Delhi) – Respondent


Advocates Appeared:
For the Respondents:Sanjay Lao, Addl. Standing Counsel (Crl.) and SI Ranvir Singh, P.S. Najafgarh, Advocates.

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. 372/2012 under Sections 406/498A/34 IPC registered at Police Station-Najafgarh, Delhi and the proceedings arising there from.

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 29th March, 2011. Owing to temperamental and ideological differences between the parties to the marriage, they started living separately since 11th April, 2011. No child has been born out of the said wedlock. On a complaint instituted by respondent no.2 (wife), the subject FIR was registered against the petitioner no. 1 (husband) and his family members.

3. Apart from the subject FIR, the following proceedings were instituted by the parties against each other:-

"i. FIR No. 372/2012, registered at P.S. Najafgarh, under Section 498A/406/34 IPC registered on the complaining statement of the first party pending in the court of Ms. Manu Goel Kharb, Ld. MM, Dwarka Courts, New Delhi and the same is fixed for 21.

























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