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2024 Supreme(SC) 787

B. V. NAGARATHNA, AUGUSTINE GEORGE MASIH
Arun Jain – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Prabhjit Jauhar, Adv., Mr. Bhanu Thakur, Adv., Ms. Rosemary Raju, Adv., Mr. S. S. Jauhar, AOR
For the Respondent: Mr. P V Yogeswaran, Adv., Mr. Ashok Panigrahi, Adv., Mr. Shantanu Sharma, Adv., Ms. Diksha Rai, Adv., Mr. Sarthak Karol, Adv., Mr. Navanjay Mahapatra, Adv., Mr. Mukesh Kumar Maroria, AOR

ORDER :

1. Leave granted.

2. Being aggrieved by the order dated 16.07.2018 passed by the High Court of Delhi in Crl. M.C. No.381/2016 and Crl. M.A. No.1618/2016, by which the application filed by the appellants under Section 482 of the Criminal Procedure Code, 1973 (for short “Cr.P.C.”) seeking quashing of order dated 28.09.2015 of the Court of the Metropolitan Magistrate taking cognizance of the offences under Sections 498A, 406, 34 of the Indian Penal Code (“IPC” for short) and issuing summons to the appellants herein as accused on the basis of the final report dated 22.09.2015 made under Section 173 of the Cr.P.C has been dismissed, the appellants are before this Court.

3. We have heard learned counsel for the appellants and learned counsel for the respondent-State. On perusal of the Office Report, it is noted that the second respondent-complainant is served but has not responded to the same and there is no representation on her behalf.

4. It is not in dispute that the marriage between appellant No.1 and Respondent No.2 took place on 01.11.1996. Thereafter, an ex-parte decree of Divorce was granted by the Family Court, Saket Courts Complex-South District, New Delhi dated 04.04.2013.

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