SAMAR CHOUDHARY Vs. STATE

JUDGEMENT

(1.) Crl.M.A. No. 18795/2014 (Exemption)

(2.) By way of present petition filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. the petitioners seek quashing of FIR bearing No. 60/2012 under Sections 498-A/406/34 IPC, P.S. Mehrauli, Delhi and all the proceedings arising therefrom.

(3.) Brief facts leading to filing of this petition are that marriage between petitioner No. 1 and respondent No. 2/complainant was solemnized on 22.11.2007 at Delhi according to Hindu rites and ceremonies. It is stated in the petition that after the marriage the parties lived together as husband and wife and a male child was also born out of the said wedlock. It is mentioned in the petition that due to misunderstanding and temperamental differences between the Petitioner no. 1 and Respondent No. 2, they could not live together and started living separately w.e.f. 18.08.2010. Thereafter, besides other cases i.e. petition for divorce under Section 13(1)(ia) of HMA Act, application for maintenance under Section 125 CrPC, petition under Section 12 of DV Act, the respondent No. 2 lodged a criminal complaint against the Petitioners which resulted into registration of FIR in question.