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HIGH COURT OF DELHI
W.P.(CRL) 785/2011 & Crl.
M.A. No. 6485/201 l(Stay)
VIVEKNIGAM Petitioner
Through Mr. Pradeep Kumar, Advocate
W.P.(CRL) 785/2011 & Crl.
M.A. No. 6485/201 l(Stay)
VIVEKNIGAM Petitioner
Through Mr. Pradeep Kumar, Advocate
VERSUS
GOVT. OF NCT & ORS. Respondent
Through Mr. Dayan Krishnan, ASC for State with SI Sandeep PS, GK-L
Mr. Vazbhav Vats, Adv. for R-5.
Through Mr. Dayan Krishnan, ASC for State with SI Sandeep PS, GK-L
Mr. Vazbhav Vats, Adv. for R-5.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
06.09.2011 By this petition, the Petitioner seeks registration of FIR on the complaint dated 2^^ February, 2011 and quashing of the proceedings under
Section 107/151 Cr.P.C. filed against him before the Special Executive
Magistrate.
On a notice being issued, a status report has been filed by the State which reveals that the there is a matrimonial dispute between the parties and a complaint under Protection of Women from Domestic Violence Act is pending before the Court.
Be that as it may. As regards the prayer for registration of FIR, the
2011:DHC:17063 r-v. present petition is not maintainable in view ofthe decisions ofthe hon'ble
Supreme Court in Gangadhar Janardan Mhatre vs. State of Maharashtra and Ors., 2004 (7) SCC 768, MinuKumari & Anr. v/s State ofBihar & Ors
06.09.2011 By this petition, the Petitioner seeks registration of FIR on the complaint dated 2^^ February, 2011 and quashing of the proceedings under
Section 107/151 Cr.P.C. filed against him before the Special Executive
Magistrate.
On a notice being issued, a status report has been filed by the State which reveals that the there is a matrimonial dispute between the parties and a complaint under Protection of Women from Domestic Violence Act is pending before the Court.
Be that as it may. As regards the prayer for registration of FIR, the
2011:DHC:17063 r-v. present petition is not maintainable in view ofthe decisions ofthe hon'ble
Supreme Court in Gangadhar Janardan Mhatre vs. State of Maharashtra and Ors., 2004 (7) SCC 768, MinuKumari & Anr. v/s State ofBihar & Ors
ORDER
(2006) 4 SCC 359 and Aleque Padamsee & Ors v/s UOI & Ors, 2007 (6) SCC 171. The Petitioner will be at liberty to file a complaint before the Metropolitan Magistrate in accordance with law, if so advised. As regards the relief of quashing of the kalandra under Section 107/150 Cr. P.C. is concerned, learned counsel for the Respondent No. 5 has placed on record a copy ofthe order dated 3"^ February, 2011 passed by the Special Executive Magistrate, South-EastDistrict whereby the Petitioner has been discharged in the said Kalandra. Thus nothing survives in the present petition; petition and pending application are dismissed.
MUKTA GUPTA,J SEPTEMBER 06, 2011 'dk'