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2. The brief facts of the case, as stated in the petition, are as follows:

a. On 6th July, 2018, the marriage between the petitioner no. 1 and the respondent no.2/complainant was solemnized in Delhi according to Hindu rites and customs. From the said wedlock between the two, no child was born.

b. It is alleged that the family members of the complainant repeatedly interfered in their matrimonial life. Being aggrieved by the said interference and alleged demand for money, the petitioner no.1 lodged a complaint against the respondent no. 2 with the Commissioner of Police, Delhi on 5th March, 2019. c. Thereafter, on 8th May, 2019, due to some temperamental differences between the petitioner no. 1 and the complainant, the petitioner no. 1 filed a petition under Section 12 of the Hindu Marriage Act, 1955 (hereinafter "HMA") before the Court concerned seeking a decree of nullity of the marriage solemnized between them.

f. The petitioner No. 1 subsequently filed a petition before the Coordinate Bench of this Court, bearing Crl.M.C. No. 1838/2020, seeking quashing of the instant FIR and the proceedings emanating therefrom. The said petition was dismissed as withdrawn vide order dated 17th November, 2020.

g. On 23rd June, 2021, the petition filed by the petitioner no. 1 under Section 12 of the HMA seeking a decree of nullity of the marriage solemnized between the petitioner no. 1 and the complainant was allowed. Consequently, their marriage was annulled by a decree of nullity under Section 12 of the HMA.

3. Learned Counsel appearing on behalf of the petitioners submitted that the allegations made in the present FIR are based on concocted story as the complainant has roped the persons who are not family members of the petitioner no. 1 and were only guests in his marriage.

4. It is submitted that the investigation agency failed to take into consideration that charge under Section 498A of the IPC could not be framed against the petitioner no. 1 since vide the judgment dated 23rd June, 2021, passed by the learned Principal Judge, Family Court, Patna in Matrimonial Case No. 557/2019, the marriage between the petitioner no.1 and the complainant was annulled under Section 12 of the HMA by way of an ex-parte decree of nullity.

10. Per Contra, learned ASC appearing on behalf of the State and the learned Counsel appearing for the respondent no.2/complainant vehemently opposed the instant petition submitting to the effect that the same may be dismissed being devoid of any merit.

11. Learned Counsel for the respondent no.2/complainant submitted that the marriage of the petitioner no.1 and the complainant was annulled by fraudulently obtaining an ex parte decree from the learned Family Court as the petitioner no.1 in his petition under Section 12 of the HMA deliberately mentioned the incomplete address of the complainant and resultantly, the said petition was never served to her.