Shri Sanjeev Kumar & Others vs State (Govt. Of Nct Of Delhi) & ...
2008 Latest Caselaw 1497 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          CRL.M.C.No.2854/2008

%                       Date of Decision: 29.08.2008

Shri Sanjeev Kumar & Others                       .... Petitioners
              Through Mr.S.K. Saroha, Advocate along with petitioner
                       Nos.1 and 5 in person.

                                 Versus

State (Govt. of NCT of Delhi) & Another              .... Respondents
                Through Mr.R.N. Vats, APP for the State along with SI
                          Kashmir Lal.

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.

*

This is a petition under Section 482 of Code of Criminal

Procedure seeking quashing of FIR No.390/2002 dated 3.12.2002

under Sections 498A/325/34 of Indian Penal Code registered at Police

Station Dwarka against petitioner Nos.1 to 4.

Issue notice to the respondent. Mr.Vats accepts notice on behalf

of the respondent. Learned counsel for petitioners contends that the

above-said FIR was registered on the complaint of the petitioner No.5,

however, subsequently the matter has been resolved and for the welfare

of the minor child, parties have decided to live together and

consequently the petitioner No.1 and petitioner no.5 are living together

as husband and wife since 2nd February, 2005. It is contended that

continuation of the proceedings pursuant to the aforesaid FIR shall not

be conducive for the matrimonial life of the parties and in the

circumstances it will be in the interest of justice to quash the aforesaid

FIR and all the proceedings emanating therefrom against petitioner

Nos.1 to 4.

Let the statement of petitioner No.5 be recorded.

Statement of petitioner No.5 has been recorded who has been

identified by the counsel for petitioners. The petitioner No.5 has

deposed that she has settled all her disputes with petitioners and she is

living with petitioner No.1 since 2nd February, 2005.

Considering the facts and circumstances, it is apparent that the

disputes have been resolved and the petitioner No.1 and petitioner No.5

are living together as husband and wife. In the circumstances, no

useful purpose shall be served in continuing the proceedings pursuant

to FIR No.390/2002 dated 3.12.2002 under Sections 498A/325/34 of

Indian Penal Code registered at Police Station Dwarka against the

petitioner Nos.1 to 4. It shall also be in the interest of justice and for

the future matrimonial life of the petitioner No.1 and petitioner No.5

that the said FIR and all the proceedings emanating therefrom are

quashed. Learned Additional Public Prosecutor, Mr.Vats, has also no

objection to quashing of the said FIR.

In the totality of facts and circumstances, FIR No.390/2002 dated

3.12.2002 under Sections 498A/325/34 of Indian Penal Code registered

at Police Station Dwarka and all the proceedings emanating therefrom

against the petitioner Nos.1 to 4 are quashed.

The petition is disposed of.

Dasti.

August 29, 2008                                   ANIL KUMAR, J.
'Dev'