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2023 Supreme(Del) 5605

SWARANA KANTA SHARMA
Anish Pramod Patel – Appellant
Versus
Kiran Jyot Maini – Respondent


Advocates appeared:
Mr. Prabhjit Jauhar, Mr. Gautam Panjwani, Mr. Neeraj Jain & Ms. Himanshi Nagpal, Advocates, for the Petitioner.
Mr. Gaurav Bhatia, Senior Advocate with Mr. Utkarsh Jaiswal, Mr. Vikas Tiwari, Ms. Shubhangi Negi & Mr. Pawan Shree Agrawal, Advocates, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J. - The present petition under Section 482 of Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed by the petitioner seeking quashing of summoning order dated 12.03.2019 passed under Section 31(1) of Protection of Women from Domestic Violence Act, 2005 for non-compliance of monetary relief or interim maintenance order in Criminal Case No. 41/2019 (New Case No. 882 of 2022) titled as `Kiran Jyot Maini v. Anish Pramod Patel'.

2. In the present case, marriage between the petitioner-husband and respondent-wife was solemnized on 30.04.2015 and subsequently, an FIR bearing no. 34/2016 was registered on the complaint of respondent at Police Station Mahila Thana, Gautam Buddh Nagar, U.P. under Sections 498A/323/504 of Indian Penal Code, 1860 and Sections 3/4 of Dowry Prohibition Act, 1961. Thereafter, the petitioner had filed a Criminal Miscellaneous Writ Petition before the High Court of Allahabad for stay on arrest and quashing of the FIR. Pursuant to the same, on 06.05.2016, the High Court of Allahabad had passed the order by way of which the matter was referred to mediation and an order of stay of arrest of petitioner was passed. However, on 22.09.2

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