Shri Upender Saini & Others vs The State & Another
2008 Latest Caselaw 1121 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                       Crl.M.C.No.2304/2008

%                 Date of decision : 23.07.2008


Shri Upender Saini & Others                    ....... Petitioners
                        Through:    Mr.Manish Sharma, Advocate.

                                Versus

The State & Another                            ......... Respondents
                        Through :   Mr.Amit Sharma, APP for the State.
                                    Mr.Pratap Singh, Advocate for
                                    respondent No.2.

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 No.1, husband, and respondent No.2, wife, are

present. The marriage between the petitioner No.1 and respondent No.2

has been dissolved by a decree of dissolution of marriage dated 9th

April, 2008 under Section 13 B (2) of Hindu Marriage Act. Learned

counsel for the parties contend that all the disputes have been amicably

settled between the parties and pursuant to the settlement it had been

agreed that the respondent No.2 shall be entitled for Rs.6.60 lakh, out

of which Rs.4.00 lakh has already been paid and an amount of Rs.2.60

lakh has been paid to the respondent No.2 in the Court today by a

Banker's Cheque bearing No.493925 dated 04.07.2008 drawn on Indian

Overseas Bank.

Let the statement of respondent No.2 be recorded. Respondent

No.2 is identified by her counsel.

Statement of respondent No.2 has been recorded. Respondent

No.2 has settled all her claims against her husband. The marriage

between the petitioner No.1 and respondent No.2 has been dissolved by

a decree of dissolution of marriage dated 9th April, 2008 under Section

13 B (2) of Hindu Marriage Act. The settled amount has already been

paid. No useful purpose shall be served in continuing the proceedings

pursuant to FIR No.1005/2007 under Sections 406/498A/34 of Indian

Penal Code registered at Police Station Dabri. It shall also be in the

interest of justice to terminate all the proceedings between the parties.

Consequently, in the facts and totality of circumstances, FIR

No.1005/2007 under Sections 406/498A/34 of Indian Penal Code

registered at Police Station Dabri and all the proceedings emanating

therefrom against petitioners are quashed.

With these directions, the petition is disposed of.

Dasti.

July 23, 2008                                       ANIL KUMAR, J.
'Dev'