SHRIRAM TIWARI v. THE STATE OF UTTAR PRADESH

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 4778 OF 2024 (@ PETITION) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 11669/2022)

Leave granted.

During the course of hearing, it is accepted on behalf of

the 2nd respondent (name withheld) that she moved out of her

matrimonial home on or about 08.08.2013. At that time,

appellants No.3,4 and 5 (names withheld) were minors, being

less than 18 years of age. It is also to be noted that the

First Information Report was registered only on 03.04.2017.

However, it has been explained on behalf of the 2nd respondent

that she did not take recourse to criminal proceedings as she

was hopeful that the marriage would continue despite the

violence and harassment suffered by her. It was only when she

came to know that her husband has contracted a second marriage

and was living with another woman, that she was compelled to go

to the police.

With regard to other appellants, keeping in view the stage

of the proceedings and the assertions made, we are not inclined

to accept their prayers only on the ground that there was delay

in the filing of the FIR. Further the facts are disputed.

We, accordingly, dismiss the present appeal in so far as the

prayer of appellants No.1,2 and 6 to 8, for quashing of the

proceedings pursuant to filing of the charge shee...