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2020 Supreme(Del) 16

SURESH KUMAR KAIT
Chandan Sawhney – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner:Rebeeca M. John, Sr. Advocate, B. Badrinath, Megha Bahl, Advocates
For the Respondent:Hirein Sharma, APP, Maninder Singh, Aekta Vats, Vikram Kalra, Sankalp Kolhi, Aahil Arora, Dinhar Takiar, Advocates

JUDGMENT :

1. Present petition is preferred under section 397 read with section 401 Cr.P.C. against order on charge dated 14.02.2017 and order framing charge dated 22.02.2017 passed by learned ASJ, FTC, Patiala House Courts, New Delhi in SC 9416/2016 arising from FIR No.305/2016 registered at Police Station Vasant Vihar for offences punishable under sections 376/377/420 IPC.

2. It is stated in present petition that above FIR came to be registered on a complaint dated 08.04.2014 for an incident which purportedly took place on 12.08.2013. Entire substance of accusation is based on the allegation that having entered into a settlement dated 13.02.2012 and promising to pay a sum of Rs.9 Crore towards permanent alimony, petitioner induced complainant to execute settlement deed dated 31.08.2012 and obtained divorce by making a payment of Rs.5 Crores (Rs.2.5 Crore in favour of their daughter and Rs.2.5 crore in favour of the complainant). It has been alleged that after obtaining divorce on 04.09.2012, the petitioner did not pay any money to complainant in terms of agreement dated 13.02.2012 thereby cheated the complainant. It has further been alleged that despite verbally demanding for an am

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