Mr.Sanjay Chawla vs State Of Nct Of Delhi & Anr
2008 Latest Caselaw 1474 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CRL.M.C.No.553/2007

%                   Date of decision : 28.08.2008


Mr.Sanjay Chawla                         ....... Petitioner
                         Through:   Mr.Satpal Sharma.


                                Versus

State of NCT of Delhi & Anr              ......... Respondents
                        Through :   Mr.R.N. Vats, APP for State.
                                    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 petitioner, husband and respondent No.2, wife are present

along with the counsel for the petitioner. Learned counsel for the

petitioner states that the marriage between the petitioner No.1 and

respondent No.2 has been dissolved by a decree of divorce dated 10th

January, 2007 on the ground of mutual consent under Section 13 B(2)

of Hindu Marriage Act, 1955. The parties have already settled all their

claims against each other and in settlement of the claims of respondent

No.2 an amount of Rs.90,000/- has been paid to respondent No.2. It is

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

proceedings pursuant to FIR No.166/2002 under Section 498A/34 of

IPC registered at Police Station Subzi Mandi, New Delhi, against

petitioner.

Let the statement of respondent No.2 be recorded.

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

identified by the counsel for petitioner, Shri Satpal Sharma. The

disputes between the petitioner No.1 and respondent No.2, who were

husband and wife, has been resolved. The marriage between the

petitioner No.1 and respondent No.2 has already been dissolved by a

decree of divorce dated 10th January, 2007 on the ground of mutual

consent under Section 13 B(2) of Hindu Marriage Act, 1955. It is

apparent that no useful purpose shall be served in continuing with the

proceedings pursuant to FIR No.166/2002 under Section 498A/34 of

IPC registered at Police Station Subzi Mandi, New Delhi against

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

the interest of justice to quash the said FIR and all the proceeding

emanating therefrom. Learned Additional Public Prosecutor, Mr.Vats,

also has no objection to the quashing of the FIR.

Therefore, in the totality of facts and circumstances, FIR

No.166/2002 under Section 498A/34 of IPC registered at Police Station

Subzi Mandi, New Delhi, and all the proceedings emanating therefrom

against the petitioner are quashed.

The petition is disposed of.

Dasti.

August 28th, 2008                    ANIL KUMAR, J.
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