09 January 2009
Supreme Court
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MANDEEP DEVI Vs STATE OF UTTARANCHAL & ORS

Case number: Writ Petition (crl.) 152 of 2006


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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION (CRL.) NO. 152   OF 2006

MANDEEP DEVI ... APPELLANT(S)

:VERSUS:

STATE OF UTTARANCHAL AND ORS. ... RESPONDENT(S)

O R D E R

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.

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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.