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2021 Supreme(Del) 294

SURESH KUMAR KAIT
Surg Lt CDR Aashish Chandra Tiwary – Appellant
Versus
State Govt. of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajesh Ranjan.
For the Respondents: Ms. Richa Kapoor, Ms. Shivani Sharma, Ms. Neha Rajpal.

JUDGMENT :

SURESH KUMAR KAIT, J.

1. Vide present petition, petitioner is seeking quashing of FIR No. 95/2021, registered at police station Naraina, Delhi for the offence under Sections 376 (2)(n) IPC.

2. Notice issued.

3. Ms. Richa Kapoor, learned Additional Standing Counsel for respondent No. 1/State accepts notice.

4. Ms. Neha Rajpal, Advocate for respondent No. 2, accepts notice and submits that respondent No. 2, who is the complainant of FIR in question, is present through video conferencing.

5. The Investigating Officer of this case is present through video conferencing and she has identified the complainant who is also present through video conferencing.

6. With the consent of both the sides, the present petition has been taken up for hearing and disposal.

7. Learned counsel for petitioner submits that the FIR in question was registered at the instance of respondent No. 2 against the petitioner due to some misunderstanding, which stood cleared and after resolving all the disputes, petitioner and respondent No. 2 have solemnized marriage and are now living happily together as husband and wife.

8. On the other hand, learned Additional Standing Counsel has opposed the present petition wh

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