Randhir Singh & Ors. vs State - Nct Of Delhi & Ors.
2000 Latest Caselaw 503 Del

ORDER

Crl.M.(M) No. 1959-A & Crl.M. No. 4916/99

1. This petition is filed under Section 482 of the Code of Criminal Procedure for quashing the FIR and consequent proceedings arising out of the FIR pending before M.M.

2. The learned counsel for the parties submit that the marriage has taken place on 10.11.1989 and after 17.9.1992, the petitioner No. 1 and respondent No. 2 started living separately. It is not disputed that parties have obtained a decree of divorce and both petitioner No. 1 and respondent No. 2 have remarried.

3. In the judgment of learned Additional Sessions Judge, it is mentioned that custody of the child Naveen Kumar has been handed over to petitioner No. 2 and he is looking after the child. It is also incorporated that parties have amicably settled their claims regarding dowry, stridhan, permanent alimony and maintenance part, present and future and now nothing remains due to them against each other.

4. In this view of the finding, no useful purpose would be served in compelling the parties to face criminal trial and prosecution.

5. On consideration of totality of facts and circumstances of this case and in the interest of justice, I deem it appropriate to quash FIR No. 40/94 under Sections 406 IPC registered at police station Samaypur, Badli and proceedings arising out of it.

6. This petition is accordingly disposed of.

Dasti.