Sh.Virender Kumar Sharma & Others vs The State & Another
2008 Latest Caselaw 1238 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CRL.M.C.No.2163/2008

%                 Date of decision : 05.08.2008


Sh.Virender Kumar Sharma & Others            ....... Petitioners
                      Through: Mr.I.S. Sharma, Advocate along
                                with petitioner No.1 in person.


                                   Versus

The State & Another                               ......... Respondents
                        Through :     Mr. R.N. Vats, APP for State.
                                      Mr.Saurabh Singh, 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 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 a decree of

divorce by mutual consent under Section 13 B (2) of Hindu Marriage

Act, 1955 dated 18th July, 2008.

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

of Rs.2.50 lakh out of which Rs.1.25 lakh was paid earlier and

Rs.1.25 lakh has been paid to her today in the court by a demand draft

bearing No.160232 dated 04.04.2008 for a sum of Rs.1.25 lakh drawn

on Punjab National Bank, CDFC, Delhi Finance.

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.404/1999 under Sections 406/498A of

Indian Penal Code registered at Police Station Adarsh Nager, 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 a

decree of divorce by mutual consent under Section 13 B (2) of Hindu

Marriage Act, 1955 dated 18th July, 2008. It is apparent that no useful

purpose shall be served in continuing with the proceedings pursuant to

FIR No.404/1999 under Sections 406/498A of Indian Penal Code

registered at Police Station Adarsh Nager, 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.404/1999 under Sections 406/498A of Indian Penal Code registered

at Police Station Adarsh Nager, and all the proceedings emanating

therefrom against petitioners are quashed.

The petition is disposed of.

Dasti.

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