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2023 Supreme(Del) 1884

DINESH KUMAR SHARMA
Ashok Kumar – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Amit Shrivastava, Advocate, for the Petitioners with Petitioners in person.
Mr. Digam Singh Dagar, APP for the State with SI Sandeep Kumar, PS Uttam Nagar.
Mr. S.K. Alok with Mr. Sachin Kumar Sarathi, Advocates, for the Respondent No.2.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

Crl.M.A.2571/2023 (exemption)

Exemption allowed subject to all just exceptions.

CRL.M.A. 2572/2023 (for condonation of delay in re-filing)

For the reasons stated in the application, the application is allowed.

The delay in re-filing the petition is condoned.

CRL.M.C. 654/2023

1. The present petition has been filed for quashing FIR No.574/2021registered under Sections 406/498A IPC at PS Uttam Nagar, Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife.

2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 25.01.2019 as per Hindu rites and customs. No child was born out of this wedlock. After some time owing to temperamental differences both the parties started residing separately since 03.08.2019. Consequently, respondent no. 2/complainant lodged the present FIR against the Petitioners herein.

3. Learned counsel submits that the Chargesheet has been filed and the matter is pending before the learned MM (Mahila Courts), Dwarka Courts, New Delhi. However, during the proceedings, due to the intervention of family members and well-wishers, the parties have settled all

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