Mandeep Devi vs State Of Uttaranchal & Ors on 9 January, 2009

                                      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)



                                          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.

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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.