Subhash Chand Dhiman & Others vs The State (Nct Of Delhi)
2008 Latest Caselaw 1329 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           Crl.M.C.No.2612/2008

%                       Date of Decision: 12.08.2008

Subhash Chand Dhiman & Others                          .... Petitioners

                        Through Mr.B.K. Singla, Advocate for petitioners
                                No.1 to 4 along with petitioner No.1 in
                                person.
                                Mr.Om Sharma, Advocate for petitioner
                                No.5 along with petitioner No.5 in
                                person.

                                  Versus

The State (NCT of Delhi)                               .... Respondent

                        Through Mr.R.N. Vats, APP for the State along
                                with W/SI Asha Sinha, P.S. R.K.
                                Puram.

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.

*

Petitioner No.1 and petitioner No.5, husband and wife, are

present with their counsel. Learned counsel for the parties contend

that the disputes between the petitioner No.5 and petitioner No.1 have

been resolved. The marriage between the petitioner No.1 and petitioner

No.5 has already been dissolved by a decree of divorce dated 14th

September, 2007 on the ground of mutual consent under Section 13 B

(2) of Hindu Marriage Act, 1955. Learned counsel also contend that

under the settlement between the parties, petitioner No.5 was entitled

for an amount of Rs.31,000/- which amount has already been paid to

her. It is contended that in the circumstance no useful purpose shall

be served in continuing with the proceedings pursuant to FIR

No.43/2007 under Sections 498A/406/34 of Indian Penal Code

registered at Police Station R.K. Puram against petitioners No.1 to 4.

Let the statement of petitioner No.5/complainant be recorded who

is identified by her counsel, Mr.Om Sharma, Advocate.

Statement of petitioner No.5 has been recorded. The petitioner

No.5 has stated that she has settled the disputes on her own free will

and without any undue pressure and she has already received the

settled amount and her marriage with petitioner No.1 has already been

dissolved by a decree of divorce dated 14th September, 2007 on the

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

Act, 1955.

In the circumstances, it is apparent that no useful purpose shall

be served in continuing with the proceedings pursuant to FIR

No.43/2007 under Sections 498A/406/34 of Indian Penal Code

registered at Police Station R.K. Puram against petitioners No.1 to 4. It

is also apparent that it shall be in the interest of justice that the said

FIR and all the proceedings emanating therefrom against petitioners

No.1 to 4 are quashed.

Consequently, in the totality of facts and circumstances, FIR

No.43/2007 under Sections 498A/406/34 of Indian Penal Code

registered at Police Station R.K. Puram and all the proceedings

emanating therefrom are quashed against petitioners No.1 to 4.

The petition is disposed of.

Dasti.

August 12, 2008                                ANIL KUMAR, J.
'Dev'