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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