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Sakshi Aggarwal Vs. Hitesh Maheshwari [2009] INSC 1093 (15 May 2009)

Judgment

CIVIL ORIGINAL JURISDICTION TRANSFER PETITION [CIVIL] NO.315 OF 2008 Sakshi Aggarwal ...Petitioner(s) Versus Hitesh Maheshwari ...Respondent(s) O R D E R Heard learned counsel for parties.

A Memorandum of Understanding has been filed by the parties wherein statement has been made that they have settled their disputes and grievances pending before different Courts and also agreed for divorce by mutual consent. In view of this, H.M.A. No.109 of 2007, titled as Hitesh Maheshwari vs. Sakshi Aggarwal, pending in the court of District Judge, Ludhiana, within the State of Punjab, is transferred to this Court and disposed of on the terms enumerated in the Memorandum of Understanding and a mutual consent divorce decree is passed. It is directed that that Memorandum of Understanding/Settlement Deed shall form part of this order.

In view of the Memorandum of Understanding referred to hereinabove, prosecution of all the accused persons in Case No.451/8, pending before Metropolitan Magistrate, Rohini, Delhi and complainant case filed by the petitioner under Section 406/498A/34 of the Indian Penal Code is hereby quashed.

The petition filed by the petitioner under Section 125 of the Code of Criminal Procedure which has been registered as Case No.180/8 and is pending in the Court of Metropolitan Magistrate, Delhi, is also hereby quashed.

Learned counsel for the petitioner stated that her client will withdraw the case which is pending in the Court of Additional Civil Judge (Senior Division), Ludhiana, within the State of Punjab.

Transfer petition is, accordingly, disposed of.

......................J. [B.N. AGRAWAL]

......................J. [G.S. SINGHVI]

......................J. [DR. B.S. CHAUHAN]

New Delhi,

May 15, 2009.

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