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2023 Supreme(Del) 5174

SWARANA KANTA SHARMA
Rani – Appellant
Versus
Rakesh – Respondent


Advocates appeared:
Mr. Gautam Khazanchi and Mr. Vaibhav Dubey, Advocates (DHCLSC), for the Petitioner.
Respondent-in-person.

JUDGMENT

Swarana Kanta Sharma, J.

1. The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') by the petitioner seeking quashing of order dated 17.11.2018passed by the learned Special Judge (PC Act) CBI, East, Karkardooma Courts, New Delhi in Criminal Revision No.199/18 titled "Rani v. Rakesh", and order dated 08.08.2018 passed by the learned CMM (East), Karkardooma Courts, New Delhi in Complaint Case No.55393/16 titled "Rani v. Rakesh".

2. Brief facts of the present case, as disclosed in the petition, are that the petitioner and respondent were married as per Hindu rites and customs in the year 1998, however, on 28.05.2014, the petitioner had filed a Complaint under Section 200 Cr.P.C. alleging that the respondent had committed offence under Section 494 of Indian Penal Code, 1860 (`IPC') by marrying once again during the lifetime of the petitioner. Learned CMM vide order dated 31.05.2014 had taken cognizance under Section 494 IPC and the petitioner had also led pre- summoning evidence. On 30.03.2015, CW Teena had been examined as a witness in pre-summoning evidence led by the petitioner, and vide order dated 04.07.2015, the Court h

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