Delhi High Court
Shri Ram Prakash Aggarwal & Others vs The State & Others on 17 July, 2008
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Crl.M.C. No.2207/2008
% Date of Decision : 17.07.2008
Shri Ram Prakash Aggarwal & Others ....... Petitioners
Through: Mr.Mukesh Gupta, Advocate.
Versus
The State & Others ......... Respondents
Through : Mr.R.N.Vats, APP for the State.
Mr.Kumar Saurabh, Advocate for
respondent No.2.
SI Shri Pankaj Malik, Police Station
Dwarka.
And
Crl.M.C.No.2208/2008
Shri Ram Prakash Aggarwal & Others ....... Petitioners
Through: Mr.Mukesh Gupta, Advocate.
Versus
The State & Others ......... Respondents
Through : Mr.R.N.Vats, APP for the State.
Mr.Kumar Saurabh, Advocate for
respondent No.2 along with respondent
No.2 in person.
SI Shri Pankaj Malik, Police Station
Dwarka.
Crl.M.C. No.2207/2008 Page 1 of 4
CORAM :-
* HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may NO
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.
*
Learned counsel for the parties state that the disputes were
between petitioner No.1, husband, and respondent No.2, wife, and
father-in-law and mother-in-law, petitioner Nos.2 and 3 respectively.
Learned counsel state that the disputes have been resolved and
marriage of the petitioner No.1 with respondent No.2 has already been
dissolved pursuant to a decree of dissolution of marriage under Section
13-B (2) of Hindu Marriage Act. The petitioner No.1 and the respondent
No.2 also state that all other disputes regarding the payment of money
have already been resolved and a part of the amount as indicated in
para 13 of the petition had been paid earlier and a sum of Rs.6 lakh has
been paid today in the court by 12 manager's cheques for Rs.50,000/-
each bearing Nos.007593 dated 10.06.2008, 009986 dated 14.06.2008,
029042 dated 17.06.2008, 004395 dated 07.06.2008, 004294 dated
16.05.2008, 007557 dated 06.06.2008, 007893 dated 09.07.2008,
007900 dated 10.07.2008, 009996 dated 15.06.2008, 007865 dated
03.07.2008, 010174 dated 04.07.2008 and 010193 dated 06.07.2008
all drawn on HDFC Bank, Rohini.
Parties state that in terms of the agreement, only an amount of
Rs.2.00 lakh remains due which is to be paid at the time of withdrawal
of domestic violence case pending in the court of Shri B.K. Sharma,
Metropolitan Magistrate.
Let the statement of respondent No.2 be recorded.
Statement of respondent No.2 has been recorded who states that
she has received the amount of Rs.6.00 lakh as aforesaid today in the
court and she does not want to continue the proceedings pursuant to
FIR No.989/2007 under Sections 406/498A/34 IPC registered at Police
Station Dwarka and FIR No.759/2007 under Section
380/448/506/34/120-B IPC registered at Police Station Dwarka and
any complaints in connection with them and any other proceeding
arising therefrom.
Parties have resolved their disputes. Petitioner No.1 and
respondent No.2 were husband and wife whose marriage has been
dissolved by a decree of divorce passed under Section 13-B(2) of Hindu
Marriage Act. The parties have also resolved their disputes regarding
money due to them. Out of the settled amount, all the amounts have
been paid except to Rs.2.00 lakh which is payable at the time of
withdrawal of complaint under the Domestic Violence Act.
Considering the facts and circumstances, it is apparent that no
fruitful purpose will be served in continuing the proceedings pursuant
to the above stated two FIRs. It shall also be in the interest of justice, if
the disputes between the parties are finally resolved and all the
proceedings terminated pursuant to settlement of disputes between the
parties.
Therefore, considering the facts and circumstances and in the
interest of justice, FIR No.989/2007 under Sections 406/498A/34 IPC
registered at Police Station Dwarka and FIR No.759/2007 under
Section 380/448/506/34/120-B IPC registered at Police Station
Dwarka and all the proceedings and complaints emanating therefrom
against all the petitioners are hereby quashed.
The petition is disposed of.
Dasti.
July 17, 2008 ANIL KUMAR, J.
'Dev'
