Gopal Chopra & Ors vs State & Another
2008 Latest Caselaw 1356 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                       CRL.M.C.No.2648/2008

%                    Date of decision : 14.08.2008


Gopal Chopra & Ors                         ....... Petitioners
                          Through:    Mr.Bhupinder Mehtani, Advocate.


                                 Versus

State & Another                             ......... Respondents
                          Through :   Mr. R.N. Vats, APP for State.
                                      Ms.Chhaya Chopra, respondent
                                      No.2 in person.
                                      SI Bhagat Singh, P.S.Kirti Nagar.

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 petitioner No.1 and respondent No.2, husband and wife are

present with their counsel. Learned counsel contends that the disputes

between the petitioner No.1 and respondent No.2, husband and wife

has since been resolved and they have started living together since 29th

July, 2008. It is contended that continuation of proceedings pursuant

to FIR No.528/2005 under Sections 498A/406/34 of IPC registered at

Police Station Kirti Nagar, Delhi may not be conducive for the future

matrimonial peace between the parties. In the circumstances, it is

contended that no useful purpose shall be served in continuing the

proceedings pursuant to the said FIR.

Let the statement of respondent No.2 be recorded.

Statement of respondent No.2 has been recorded who is identified

by the counsel for the petitioner. Considering the facts and

circumstances and the statement of respondent No.2 it is apparent that

no useful purpose shall be served in continuing the proceedings

pursuant to FIR No.528/2005 under Sections 498A/406/34 of IPC

registered at Police Station Kirti Nagar, Delhi as the respondent No.2

wife has started living with the petitioner as husband and wife.

Continuation of the proceedings will also not be conducive for the

future matrimonial peace and living together of the petitioner No.1 and

respondent No.2.

Considering the facts and circumstances, it shall also be in the

interest of justice to quash the FIR No.528/2005 under Sections

498A/406/34 of IPC registered at Police Station Kirti Nagar, 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.528/2005 under Sections 498A/406/34 of IPC registered at Police

Station Kirti Nagar, Delhi, and all the proceedings emanating therefrom

against the petitioners are quashed.

The petition is disposed of.

Dasti.

August 14, 2008                                 ANIL KUMAR, J.
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