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2023 Supreme(Del) 2167

DINESH KUMAR SHARMA
Baneet Gupta – Appellant
Versus
State – Respondent


Advocate Appeared:
Mr. Sujeet Beniwal and Mr. Tushar Rohmitra, Advocates.
Mr. Hemant Mehla, APP for State with Mr. Dipanshu Meena, Advocate and SI Neeraj PS Vijay Vihar.

JUDGMENT :

DINESH KUMAR SHARMA, J.

The present petition has been filed seeking quashing of case FIR No. 0017/2021 dated 13.01.2021 registered under Sections 498A/406/34 IPC at P.S. Vijay Vihar, New Delhi. The said FIR was lodged at the instance of the respondent No. 2/complainant.

2. Facts, in brief are that the parties were married on 06.07.2018, as per Hindu rites and customs in Delhi. No child was born out of this wedlock. Thereafter owing to temperamental differences, both the parties started residing separately since 27.09.2019. Subsequently, the respondent No. 2/complainant lodged a complaint, basis which the present FIR came to be registered under Sections 498A/406/34 IPC at P.S. Vijay Vihar, New Delhi, against the petitioners herein. Chargesheet has been filed and the matter is pending adjudication before the learned MM Rohini Courts, Delhi. It has been submitted that besides the present FIR, a complaint case u/s 12, PWDV Act titled Poonam v. Baneet Gupta. was filed. Another petition u/s 125 Cr. P.C. titled Poonam v. Baneet Gupta was filed. It has been submitted that both these petitions have been disposed of. Moreover, the petitioner No. 2 also got registered another FIR No.

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