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2023 Supreme(Del) 1664

ANISH DAYAL
Divya – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Ms. Preeti Singh, Mr. Sulan Porwal, Ms. Sumya Dwivedi, and Mr. Kunkum Mandhanya, Ms. Rachana Mr. Rishabh Munjal and Ms. Simranjeet, Advocates, for the Petitioner.
Mr. Amol Sinha, ASC, for the State with Insp. Sharvan Kr. PS: Shahbad Dairy.
Mr. Jatan Singh and Mr. Siddharth Singh and Mr. Tushar Lamba, Advocates, for the Respondent.

JUDGMENT

1. By this petition the petitioner seeks quashing of FIR No. 339/2022, P.S. Shahbad Dairy registered under Sections 454 and 380 of the IPC. The FIR was lodged on the basis of a complaint filed by the father-in-law of the petitioner for allegedly committing offences of house trespass, house breaking and theft in the matrimonial house in which she resided at post her marriage.

2. The petitioner and respondent No.2 son were married on 11th December, 2021. The petitioner was residing in the matrimonial home bearing house No. 137-138, 2nd floor, A-3, Sector-11, Rohini, Delhi-110085 along with her in-laws. Owing to physical, mental and emotional torture as alleged by the petitioner meted out to her by her husband and in-laws, she filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, (PWDV), on an apprehension that she would be dispossessed from the shared household. The Ld. MM vide an order dated 26th April, 2022 granted a protection order in favour of the petitioner restraining the respondents therein from dispossessing her from the matrimonial home without following the due process of law. As per the petitioner when she went back to

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