Mohd. Akram And Others vs State (Nct Of Delhi ) & Another
2008 Latest Caselaw 1237 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CRL.M.C.No.2521/2008

%                 Date of decision : 05.08.2008


Mohd. Akram and Others                     ....... Petitioners
                      Through:       Mr.Haneef Mohammad and
                                     Mr.Anis Vyas, Advocates along
                                     with petitioners in person.


                                Versus

State (NCT of Delhi ) & Another                  ......... Respondents
                         Through :   Mr.R.N. Vats, APP for State along
                                     with SI G.S. Rawat.
                                     Ms.Monika, 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.

*

All the petitioners and respondent No.2 are present with their

counsel. Learned counsel for the parties state that the matter between

the parties has been resolved amicably and the marriage between the

petitioner No.1 and respondent No.2 has been dissolved by virtue of

Talaq pursuant to the execution of deed of settlement/deed of Talaq-E-

Mubrrat on 23rd July, 2008.

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

of Rs.3.00 lakh out of which Rs.1.50 lakh was paid earlier and

Rs.1.50 lakh has been paid to her today in the court by a demand draft

bearing No.696699 dated 30.07.2008 for a sum of Rs.1.50 lakh drawn

on State Bank of India, Inderlok, New Delhi-110035.

Learned counsel for the parties state that in view of the

settlement no useful purpose shall be served in continuing with the

proceedings pursuant to FIR No.451/2006 under Sections

406/498A/34 of Indian Penal Code registered at Police Station Sarita

Vihar, New Delhi, against petitioners.

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

identified by her counsel.

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 amicably. The marriage between the

petitioner No.1 and respondent No.2 has already been dissolved by

virtue of Talaq pursuant to the execution of deed of settlement/deed of

Talaq-E-Mubrrat on 23rd July, 2008. It is apparent that no useful

purpose shall be served in continuing with the proceedings pursuant to

FIR No.451/2006 under Sections 406/498A/34 of Indian Penal Code

registered at Police Station Sarita Vihar, 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,

has also no objection to the quashing of the FIR.

Therefore, in the totality of facts and circumstances, FIR

No.451/2006 under Sections 406/498A/34 of Indian Penal Code

registered at Police Station Sarita Vihar, New Delhi, and all the

proceedings emanating therefrom against petitioners are quashed.

The petition is disposed of.

Dasti.

August 05, 2008                                     ANIL KUMAR, J.
'Dev'