Delhi High Court
Mohd.Shiraj & Others vs The State (Nct Of Delhi) & Another on 13 August, 2008
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C.No.2625/2008
% Date of decision : 13.08.2008
Mohd.Shiraj & Others ....... Petitioners
Through: Mr.Arun Kumar, Advocate.
Versus
The State (NCT Of Delhi) & Another ......... Respondents
Through : Mr. R.N. Vats, APP for State.
Mr. Nand Kishore, 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.
*
The petitioners and respondent No.2 are present with their
counsel. Learned counsel for the parties state that the disputes
between the petitioners and respondent No.2 have been settled on 29th
January, 2007 pursuant to mediation done by the Mediation Cell, Tis
Hazari Court, Delhi. Pursuant to the settlement the petitioner No.1 and
respondent No.2 have started living as husband and wife again under
the same roof. The application of respondent No.2 under Section 125 of
the Criminal Procedure Code has also been disposed of in view of
settlement between the parties. The learned counsel contend that in
view of the settlement no useful purpose shall be served in continuing
with the proceedings pursuant to FIR No.518/2001 under Sections
498A/406 of IPC registered at Police Station Ashok Vihar, Delhi against
petitioners. It is also contended that continuation of the proceedings
pursuant to the said FIR shall not be conducive to the future
matrimonial life of petitioner No.1 and respondent No.2.
Let the statement of respondent No.2 be recorded.
Statement of respondent No.2 has been recorded who is identified
by her counsel, Sh.Nand Kishore. The petitioner No.1 and respondent
No.2, who were husband and wife have started living together again
pursuant to the settlement and the proceedings for claiming
maintenance under Section 125 of the Criminal Procedure Code has
also been disposed of. Since the petitioners and respondent No.2 have
resolved their disputes, no useful purpose shall be served in continuing
with the proceedings pursuant to FIR No.518/2001 under Sections
498A/406 of IPC registered at Police Station Ashok Vihar, Delhi against
petitioners. It shall rather be detrimental for the future matrimonial life
of the petitioner No.1 and respondent No.2 in case the proceedings
continue pursuant to the said FIR.
Considering the facts and circumstances, it shall also be in the
interest of justice to quash the FIR No.518/2001 under Sections
498A/406 of IPC registered at Police Station Ashok Vihar, Delhi and all
the proceeding emanating therefrom. Learned Additional Public
Prosecutor, Mr.Vats, has also no objection to the quashing of the FIR
and all the proceedings emanating therefrom in the present facts and
circumstances of the case.
Therefore, in the totality of facts and circumstances, FIR
No.518/2001 under Sections 498A/406 of IPC registered at Police
Station Ashok Vihar, Delhi, and all the proceedings emanating
therefrom against the petitioners are quashed.
The petition is disposed of.
Dasti.
August 13, 2008 ANIL KUMAR, J.
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