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Mandeep Devi Vs. State of Uttaranchal & Ors [2009] INSC 31 (9 January 2009)

Judgment

CRIMINAL APPELLATE JURISDICTION WRIT PETITION (CRL.) NO. 152 OF 2006 MANDEEP DEVI ... APPELLANT(S) :VERSUS:

ORDER

This petition under Article 32 of the Constitution of India has been filed, inter alia, for quashing a criminal proceeding arising out of a criminal case registered as Case Crime No. 417/2006, at P.S. Udham Singh Nagar, Uttarakhand, against the husband of the petitioner and her relatives.

It is stated before us by the learned counsel for the State that a writ petition for the aforementioned purpose has already been filed before the Uttarakhand High Court. We are, therefore, not inclined to quash the proceedings.

However, we may place on record that the learned counsel for the petitioner submitted that there is a possibility that the father of the petitioner would amicably settle the dispute between the parties, as the petitioner has given birth to a child on 5.10.2006.

-2- We would further observe that in the event there is any threat or danger to the lives of the petitioner or her husband, they may file an appropriate application before the Superintendent of Police, West Champaran, Bihar, who, we are sure, would take appropriate action as may be found to be necessary in the facts and circumstances of the case.

The writ petition is dismissed with the aforementioned observation and direction.

...........................J (S.B. SINHA)

...........................J (Dr. MUKUNDAKAM SHARMA)

NEW DELHI,

JANUARY 9, 2009.

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