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2023 Supreme(Del) 5453

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


Advocates appeared:
Mr. Prabhjit Jauhar, Mr. Gautam Panjwani and 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 instant petition under Sections 397 and 401 read with Section 482 of Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed by the petitioner seeking the following prayers:

    i. Setting aside of Impugned Order dated 10.05.2018 passed by learned Judicial Magistrate, Gautam Budh Nagar in Complaint Case bearing no. 4622 of 2016 (new Case No. 691 of 2022) titled as `Kiran Jyot Maini v. Anish Pramod Patel'.

    ii. Setting aside of Impugned Order dated 01.02.2019 passed by learned Additional Sessions Judge-IV, Gautam Budh Nagar in Appeals bearing No. 39 & 62 of 2018 preferred against the order dated 10.05.2018.

2. In the present case, the case of the respondent-wife, as per the counter affidavit filed on behalf of her, is that she had met the petitioner in Canada where the petitioner had proposed to her and the behaviour of the petitioner had been very cordial and friendly during the courtship period. Further, both the petitioner and the respondent had been divorced at that time and the respondent had a daughter from her previous marriage. The marriage between the petitioner-husband and respondent-wife was solemnized on 30.04.2015. It is stated that so

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