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2023 Supreme(MP) 272

DINESH KUMAR PALIWAL
Bhupendra Singh Notey – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
Sourabh Sahu for applicants; Pradeep Gupta for respondent No. 1/State; Manoj Kumar for respondent No. 2

ORDER

Paliwal, J:- 1. This petition under section 482 of Code of Criminal Procedure, 1973 has been filed for quashing the F.I.R. No.39/2017 registered at Police Station Gorakhpur, District Jabalpur and Criminal Case No.2547/2017 arising out of charge-sheet for commission of offence under sections 498A, 506, 294 read with section 34 of IPC and sections 3 & 4 of the Dowry Prohibition Act, 1961.

2. Facts giving rise to the petition are that petitioner No.1 Bhupendra Singh Notey married with respondent No.2 Smt. Gagandeep Kaur as per Sikh Traditional Hindu Rites on 14.10.2007 at Gurudwara Aarti Sahib, Puri, Orissa. At the time of marriage petitioner No.1 and respondent No.2 were divorcee and they had entered into wedlock after getting divorce from their previous spouses. Petitioner No.2 is the father of petitioner No.1, while petitioners No.4 & 5 are the brother & sister of petitioner No.1 respectively. It is admitted fact that out of wedlock, a daughter was born on 31.10.2008 and her name is Bhavdeep Kaur.

3. On 16.1.2017, respondent No.2/wife submitted an application in writing before Police Gorkhpur, Jabalpur alleging that she resides with her husband Bhupendra Singh Notey at 405, Raju

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