Sh.Sajid Khan & Others vs State, Govt. Of Nct Of Delhi & ...
2008 Latest Caselaw 1473 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         CRL.M.C.No.2401/2008

%                      Date of Decision: 28.08.2008

Sh.Sajid Khan & Others                                .... Petitioners

                       Through Mr.Jitendra Pancharia and Mr.Vijay
                               Khaneja,     Advocates  along with
                               petitioner Nos.1 and 2.

                                 Versus

State, Govt. of NCT of Delhi & Another                .... Respondents

                       Through Mr.R.N. Vats, APP for the State with SI
                               Sukhdev Singh, PS Sadar Bazar.
                               Mr.Arvind    Kumar,      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 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.

*

Crl.M.A. No.8948/2008

Allowed, subject to just exceptions.

The application is disposed of.

CRL.M.C.No.2401/2008 & Crl.M.A. No.8947/2008

Petitioner Nos.1 and 2 and respondent No.2 are present along

with their counsel. Learned counsel for the parties have contended that

the marriage between the petitioner No.1 and respondent No.2, who are

Muslims, has been dissolved and a compromise deed dated 11th April,

2008 was executed acknowledging the dissolution of marriage between

the petitioner No.1 and respondent No.2. The other disputes between

the parties have also been resolved and a settlement has been arrived at

between the parties. Under the settlement, respondent No.2 is entitled

for Rs.60,000/- in satisfaction of all her claims against the petitioners,

out of which Rs.30,000/- was paid to her before the learned Magistrate

in the proceedings under Section 125 of Criminal Procedure Code which

was also withdrawn by respondent No.2 and the balance amount of

Rs.30,000/- has been paid to her in cash today in the court.

Let the statement of respondent No.2 be recorded.

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

identified by her counsel. Respondent No.2 has deposed that she has

settled all her disputes and she has been divorced by petitioner No.1

which has been accepted by her.

Considering the facts and circumstances, it is apparent that no

useful purpose shall be served in continuing with the proceedings

pursuant to FIR No.454/2002 dated 21.12.2002 under Sections

498A/406/34 of Indian Penal Code registered at Police Station Sadar

Bazar against the petitioners. It shall also be in the interest of justice to

quash the said FIR and all the proceeding emanating therefrom, in the

facts and circumstances. Learned Additional Public Prosecutor,

Mr.Vats, has also no objection to quashing of FIR No.454/2002 dated

21.12.2002 under Sections 498A/406/34 of Indian Penal Code

registered at Police Station Sadar Bazar and all the proceedings

emanating therefrom against the petitioners.

In the totality of facts and circumstances, FIR No.454/2002 dated

21.12.2002 under Sections 498A/406/34 of Indian Penal Code

registered at Police Station Sadar Bazar and all the proceedings

emanating therefrom against the petitioners are quashed.

The petition and the application are disposed of.

Dasti.

August 28, 2008                                     ANIL KUMAR, J.
'Dev'