Sh.Kanti Swaroop & Others vs The State Of Delhi & Another
2008 Latest Caselaw 1240 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CRL.M.C.No.2350/2008

%                 Date of decision : 05.08.2008


Sh.Kanti Swaroop & Others                        ....... Petitioners
                      Through:       Mr.M. Rais Farooqui, Advocate
                                     along with petitioner No.1 in
                                     person.


                                 Versus

The State of Delhi & Another                     ......... Respondents
                        Through :    Mr. R.N. Vats, APP for State.
                                     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 counsel for

the petitioner. Learned counsel for the petitioner and 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 20th October, 2007.

.

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

of Rs.1.30 lakh which amount has already been paid to respondent

No.2.

Learned counsel for the petitioner state that in view of the

settlement no useful purpose shall be served in continuing with the

proceedings pursuant to FIR No.166/2005 under Sections

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

Nagar, against petitioners.

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

identified by the counsel for the petitioner, Mr.M.Rais Farooqui.

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 20th October, 2007. It is apparent that no

useful purpose shall be served in continuing with the proceedings

pursuant to FIR No.166/2005 under Sections 406/498A/34 of Indian

Penal Code registered at Police Station Roop Nagar, 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.166/2005 under Sections 406/498A/34 of Indian Penal Code

registered at Police Station Roop Nagar, and all the proceedings

emanating therefrom against petitioners are quashed.

The petition is disposed of.

Dasti.

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