Sudha Nimesh v. Harish Kumar Nimesh & ANR

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1654/2015 and Crl.M.A.6012/2015 SUDHA NIMESH ..... Petitioner Through:

Mr. Braj Bhushan Lal proxy counsel with petitioner in person.

versus HARISH KUMAR NIMESH & ANR.

..... Respondents Through:

Mr. Akhil Sharma, Advocate with Ms. Isha Agggarwal, Advocate for R1 along with R-1 in person. Mr. Mukesh Kumar, APP for the State /R-2

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 11.07.2018 The petitioner is the wife of the first respondent. Their marriage having turned sour, a complaint case (CC No.13/2010) under Sections 12/18/19/20/21 and 23 of the Protection of Women from Domestic Violence Act, 2005 came to be preferred by the petitioner against the first respondent in the context of which an application was made by the first respondent seeking direction to the petitioner to restore to him the custody of Maruti Swift car bearing registration No.DL-2CAG-0412, which statedly was forcibly retained by her.

The magistrate, by order dated 12.03.2015, issued the afore-said directions. The petitioner challenged the said order by an appeal (Crl. Appeal No.08/2015) in the court of sessions, but unsuccessfully as the CRL.M.C. 1654/2015

appeal was dismissed by order dated 01.04.2015, which is sought to be assailed by the petition at hand.

At the hearing, the petitioner, who is present in person with counsel, submitted that she is ready to restore the possession of the car to the first respondent forthwith in terms of directions of the Magistrate and, therefore, does not press the present petition and the application filed therewith. The petition and the application filed therewith are dismissed. R.K.GAUBA, J.

JULY 11, 2018 vk CRL.M.C. 1654/2015