Rakesh Kumar & Anr vs State & Another
2008 Latest Caselaw 1216 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CRL.M.C.No.2474/2008

%                 Date of decision : 01.08.2008


Rakesh Kumar & Anr                        ....... Petitioners
                        Through:    Mr.Suresh Chand Sharma with
                                    Mr.Rajesh Kumar Patoha,
                                    Advocates along with petitioner
                                    No.1 in person.


                                Versus

State & Another                           ......... Respondents
                        Through :   Mr.R.N. Vats, APP for State.
                                    Mr.Shakti Chand Sharma,
                                    Advocate for respondent No.2 along
                                    with respondent No.2 in person.

CORAM :-
* HON'BLE MR. JUSTICE ANIL KUMAR

      1.    Whether reporters of Local papers may            YES
            be allowed to see the judgment?
      2.    To be referred to the reporter or not?           NO
      3.    Whether the judgment should be reported          NO
            in the Digest?

ANIL KUMAR, J.

*

Petitioner No.1, husband, and respondent No.2, wife, are present

with their counsel. Learned counsel for the parties state that the

marriage between the petitioner No.1 and respondent No.2 has been

dissolved by a decree of divorce dated 2nd July, 2008 on the ground of

mutual consent under Section 13 B(2) of Hindu Marriage Act, 1955.

The parties have already settled all their claims against each other and

in settlement of the claims of respondent No.2 an amount of Rs.2.30

lakhs has been paid to respondent No.2. It is contended that no useful

purpose shall be served in continuing with the proceedings pursuant to

FIR No.103/2002 under Section 498A of IPC registered at Police Station

Malviya Nagar, New Delhi, against petitioners.

Let the statement of respondent No.2 be recorded.

Statement of respondent No.2 has been recorded. The disputes

between the petitioner No.1 and respondent No.2, who were husband

and wife, has been resolved. The marriage between the petitioner No.1

and respondent No.2 has already been dissolved by a decree of divorce

dated 2nd July, 2008 on the ground of mutual consent under Section 13

B(2) of Hindu Marriage Act, 1955. It is apparent that no useful purpose

shall be served in continuing with the proceedings pursuant to FIR

No.103/2002 under Section 498A of IPC registered at Police Station

Malviya Nagar, New Delhi against petitioners. Considering the facts and

circumstances, it shall also be in the interest of justice to quash the

said FIR and all the proceeding emanating therefrom. Learned

Additional Public Prosecutor, Mr.Vats, also has no objection to the

quashing of the FIR.

Therefore, in the totality of facts and circumstances, FIR

No.103/2002 under Section 498A of IPC registered at Police Station

Malviya Nagar, New Delhi, and all the proceedings emanating therefrom

against petitioners are quashed.

The petition is disposed of.

Dasti.

August 1st , 2008                    ANIL KUMAR, J.
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