Jyoti Kapoor & Others vs The State
2008 Latest Caselaw 1270 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          CRL.M.C.No.164/2007

%                       Date of Decision: 07.08.2008

Jyoti Kapoor & Others                                  .... Petitioners

                       Through Mr.M.K. Arora      and    Mr.R.Chhabra,
                               Advocates

                                 Versus

The State                                              .... Respondent

                       Through Mr.R.N. Vats, APP for the State

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

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


ANIL KUMAR, J.

*

The petitioner No.1 and petitioner No.2 are present with their

counsel. Learned counsel for the parties contend that the marriage

between the petitioner No.1 and petitioner 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 1st December, 2006. Petitioner

No.1 has already married to some other person. 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.27/2006 dated 24.01.2006 under Sections 34/406/498/498A of

Indian Penal Code registered at Police Station Roshnara Road, Roop

Nagar, against the petitioner Nos.2 to 9.

Let the statement of petitioner No.1 be recorded, who is identified

by her counsel.

Statement of petitioner No.1 has been recorded. The disputes

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

wife, has been resolved amicably. The marriage between the petitioner

No.1 and petitioner 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 1st December, 2006. It is apparent that no useful

purpose shall be served in continuing with the proceedings pursuant to

FIR No.27/2006 dated 24.01.2006 under Sections 34/406/498/498A

of Indian Penal Code registered at Police Station Roshnara Road, Roop

Nagar, against petitioner Nos.2 to 9. 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.27/2006 dated 24.01.2006 under Sections 34/406/498/498A of

Indian Penal Code registered at Police Station Roshnara Road, Roop

Nagar, and all the proceedings emanating therefrom against petitioner

Nos.2 to 9 are quashed.

The petition is disposed of.

Dasti.

August 07, 2008                               ANIL KUMAR, J.
'Dev'