Sh Nikhil Choudhary And Others v. State (NCT Of Delhi) And Others

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7318/2024 SH NIKHIL CHOUDHARY AND OTHERS .....Petitioners Through:

Mr. Vikaas Chauhan, Advocate versus STATE (NCT OF DELHI) AND OTHERS .....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Sandeep Kumar, PS Ambedkar Nagar Mr. Vikram Gola, Advocate for R-2

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 16.12.2024 CRL.M.A. 37853/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL. M.A. 37852/2024 (under Section 528 BNSS 2023 filed on behalf of respondent no. 2 for correction/modification /deletion in the order dated 13.09.2024) 3.

This is an application seeking correction of typographical error in order dated 13.09.2024.

4.

Learned counsel appearing on behalf of the petitioner as well as learned counsel appearing for the respondent no. 2/complainant submit that vide order dated 13.09.2024, the FIR No. 230/2023 under Section 498A/406/34 IPC registered at Police Station Ambedkar Nagar, New Delhi was quashed. 5.

However, in paragraph 4 of the said order, it has been wrongly recorded The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:46:37

that there is a child born out of the wedlock of the petitioner as well as respondent no. 2, whose custody has been handed over to the respondent no.

2. It is jointly submitted by the learned counsel for the parties that there is no child born out of the wedlock.

6.

It is also submitted that it was clearly stated in the very first paragraph of the petition that no issue was born out of the wedlock of the petitioner and respondent no. 2, which reads as under:

1.

That the marriage between the Petitioner and respondent No. 2 was solemnized on 18.7.2021 at Delhi according to Hindu customs and rituals. However no issued has been born from the said wedlock.

7.

Accordingly, a prayer is made to correct the typographical error in para 4 of the order dated 13.09.2024.

8.

In view of the above, the application is allowed. Accordingly, para 4 of the order dated 13.09.2024 is corrected to read as under: 4.

Respondent No.2/Complainant has filed an affidavit affirming the fact that all the disputes with the Petitioners have been amicably settled. Respondent No.2 states that she has settled all her disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence. 9.

With the aforesaid correction, the application stands disposed of. VIKAS MAHAJAN, J DECEMBER 16, 2024 'rs'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:46:37