Jagdish Kumar & Others vs The State (Nct Of Delhi) & Another
2008 Latest Caselaw 1225 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CRL.M.C.No.2238/2008

%                Date of decision : 04.08.2008


Jagdish Kumar & Others                         ....... Petitioners
                      Through:     Mr.D.Puri, Advocate.


                               Versus

The State (NCT Of Delhi) & Another             ......... Respondents
                        Through : Mr. R.N. Vats, APP for State along
                                   with W/ASI Narinder Kaur, P.S.
                                   Lajpat Nagar.
                                   Mr. Santosh Srivastava, 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

matter between the parties has been resolved amicably. The marriage

between the petitioner No.1 and respondent No.2 has been dissolved by

an ex parte decree of divorce pursuant to the petition filed by the

respondent No.2 on the ground of cruelty. The ex parte decree has not

been got set aside by the petitioner No.1.

Under the settlement, respondent No.2 became entitled for a total

sum of Rs.1.75 lakh in full and final settlement of all the claims of

respondent No.2 against the petitioner No.1. Out of Rs.1.75 lakh,

Rs.1,05,000/- was paid earlier and Rs.70,000/- has been paid to her

today in the court by a demand draft bearing No.092872 dated

22.07.2008 for an amount of Rs.35,000/- drawn on Punjab National

Bank, Sector 37, Faridabad and another demand draft bearing 093023

dated 01.08.2008 for an amount of Rs.35,000/- drawn on Punjab

National Bank, Sector 37, Faridabad.

Let the statement of respondent No.2 be recorded who is

identified by her counsel.

Statement of respondent No.2 has been recorded. Respondent

No.2 states that she has settled all her claims against the petitioner

No.1 and she has received the settled amount of Rs.1.75 lakh. Learned

counsel for the parties and respondent No.2 also state that no useful

purpose shall be served in continuing the proceedings pursuant to FIR

No.506/2001 under Sections 406/498A of Indian Penal Code registered

at Police Station Lajpat Nagar, New Delhi, against the petitioners. 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, has also no objection to the quashing of the FIR.

Consequently, in the totality of facts and circumstances, FIR

No.506/2001 under Sections 406/498A of Indian Penal Code registered

at Police Station Lajpat Nagar, New Delhi, and all the proceedings

emanating therefrom against petitioners are quashed.

The petition is disposed of.

Dasti.

August 04, 2008                                ANIL KUMAR, J.
'Dev'