Shri Sandeep Kapoor & Others vs State And Another
2008 Latest Caselaw 1445 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         CRL.M.C.No.2471/2008

%                      Date of Decision: 26.08.2008

Shri Sandeep Kapoor & Others                           .... Petitioner

                       Through Mr.Akhil Rataeeya, Advocate.

                                 Versus

State and Another                                      .... Respondents

                       Through Mr.R.N. Vats, APP for the State.
                               Mr.Noor Alam, Advocate with
                               respondent No.2 in person.
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 petitioners and respondent No.2 are present with their

counsel. The learned counsel for the parties state that the disputes

between the petitioners and the respondent No.2 have been settled. The

marriage of petitioner No.1, Sh.Sandeep Kapoor with respondent No.2,

Ms.Nidhi Tandon has since been dissolved by a decree of divorce dated

4th April, 2008 under Section 13-B of Hindu Marriage Act, 1955. Under

the settlement arrived at between the parties a total sum of Rs.21 lakhs

was payable to respondent No.2 for the settlement of all her claims

against the petitioners. Out of Rs.21 lakhs, Rs.15 lakhs was paid earlier

and the balance amount of Rs.6 lakhs has been paid today in the Court

to respondent No.2 by way of four demand drafts bearing Nos.138278

dated 27.06.2008 for an amount of Rs.1,00,000/- drawn on ICICI Bank

Ltd; Demand Draft No.138277 dated 27.06.2008 for an amount of

Rs.1,00,000/- drawn on ICICI Bank Ltd; Demand Draft No.025924

dated 21.06.2008 for an amount of Rs.2,00,000/- drawn on Axis Bank

Ltd and Demand Draft No.041358 dated 27.06.2008 for an amount of

Rs.2,00,000/- drawn on Standard Chartered Bank Ltd. In the

circumstances, learned counsel for the parties contend that no useful

purpose would be served in continuing the proceedings pursuant to FIR

No.502/2007 under Sections 406/498A/34 of Indian Penal Code

registered at Police Station Hauz Khas, New Delhi.

Let the statement of respondent No.2 be recorded.

The statement of respondent No.2, has been recorded who has

been identified by the counsel for respondent No.2, Shri Noor Alam. It

is contended that no useful purpose shall be served in continuing the

proceedings as the matter has already been settled amicably between

the parties and the marriage between the parties has since been

dissolved. In the circumstances, it is also contended that it will be in

the interest of justice in case the said FIR and all the proceedings

emanating therefrom are quashed.

Learned Additional Public Prosecutor, Mr.Vats, in the facts and

circumstances, has also no objection to quashing of FIR No.502/2007

under Sections 406/498A/34 of Indian Penal Code registered at Police

Station Hauz Khas, New Delhi against the petitioners and all the

proceedings emanating therefrom.

Considering the facts and circumstances, it is apparent that no

useful purpose shall be served in continuing the proceedings pursuant

to the said FIR and it will be in the interest of justice to quash the said

FIR and all the proceedings emanating therefrom.

In the totality of facts and circumstances, the FIR No.502/2007

under Sections 406/498A/34 of Indian Penal Code registered at Police

Station Hauz Khas, New Delhi and all the proceedings emanating

therefrom against the petitioners are quashed.

The petition is disposed of.

Dasti.

August 26, 2008                                   ANIL KUMAR, J.
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