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2023 Supreme(Del) 2685

SWARANA KANTA SHARMA
Shiv Kumar Saxena – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
Mr. Kunal Malhotra, Advocate (DHCLSC), for the Petitioner.
Mr. Laksh Khanna, APP, for the State with SI Naresh Kumar, P.S. Dabri.

JUDGMENT

Swarana Kanta Sharma, J. (Oral)

CRL.M.A. 3620/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 944/2023

3. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by petitioners for quashing of FIR no. 738/2022, registered at Police Station Dabri, Dwarka Distt, for the offences punishable under Section 441/120-B/34 of Indian Penal Code, 1860 ("IPC").

4. Brief facts of the present case are that the impugned FIR was registered after a complaint case bearing no. 1079/2022 was filed by the complainant, under Section 200 read with Section 156(3) of Cr.P.C before learned Metropolitan Magistrate, South West District, Delhi against petitioner no. 1 and 2. Learned Metropolitan Magistrate had allowed the application under Section 156(3) Cr.P.C vide order dated 03.08.2022 and had directed the SHO, P.S. Dabri to register FIR. Subsequently, the FIR was registered against the petitioners.

5. It is stated by learned for petitioners that the allegations in this case are civil in nature, therefore, the FIR be quashed. He also states that order was passed by learned Magistrate on 03.0

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