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2023 Supreme(Del) 2992

SWARANA KANTA SHARMA
Laxmi – Appellant
Versus
Kanhaiya Lal Gupta – Respondent


Advocates appeared:
Ms. Kavita Jha, Advocate, for the Petitioner.
Mr. Raj Kumar Verma, Advocate, for the Respondent-1 to 6.
Mr. Satish Kumar, APP, for the State/Respondent-7.

JUDGMENT

Swarana Kanta Sharma, J. The instant petition under Section 397/401 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking setting aside of impugned order dated 27.10.2017 passed by the learned Additional Sessions Judge-02, Patiala House Courts, New Delhi in Criminal Appeal No. 39/2017.

2. Brief facts of the case are that the petitioner i.e. Laxmi and respondent no. 1 i.e. Kanhaiya Lal Gupta had got married on 09.05.2005 at Khairthal, Rajasthan according to Hindu rites and ceremonies. Although the marriage had been consummated, no child was born from the wedlock. It was the case of petitioner that at the time of the marriage, father of respondent no. 1 had taken Rs.1,40,000/- from the petitioner's mother for arrangement of marriage in Khairthal. However, despite this payment, respondent no. 1 and his relatives had expressed dissatisfaction with the arrangements made. It was further stated that immediately after the marriage, the respondent no. 1had informed the petitioner that he had agreed to the marriage solely for dowry and cash, as he was in dire need of money for his business, and that he had no interest in the petitioner an

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