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AMAR DUTT
Jagdish – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

Amar Dutt, J. - The petitioners had filed the present petition seeking quashing of F.I.R. No. 388 dated 21-8-1997 registered in police station Barwala under Sections 498-A and 406. IPC at the behest of Sunita Devi-respondent No.4.

2. According to the petitioners, respondent No.4 was of quarrelsome and arrogant nature on account of which a petition bearing No. 331 under Section 13-B(2) of the Hindu Marriage Act was filed before the District Judge. Delhi. which was allowed on 23-10-1986. After the divorce with a view to harass the petitioner respondent No.4 had lodged the F.I.R. which being an abuse of the process of law deserves to be quashed.

3. The petition was resisted by respondent No.4 who asserted that the decree of the matrimonial Court. Delhi had been obtained by the petitioners through fraud inasmuch as some other woman had impersonated in her place. It was also submitted that respondent No.4 had applied for setting aside the decree of divorce and therefore the petition is without merit and should be dismissed.

4. During the pendency of the petition. Crl. M. No. 16373 of 2000 has been filed by the father of respondent No. 4 for bringing on record two circumstances

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