Shri Mahesh Chandra & Others vs The State (Nct Of Delhi) & Another
2008 Latest Caselaw 1122 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      Crl.M.C.No.2100/2008

%                 Date of decision: 23.07.2008


Shri Mahesh Chandra & Others                    ....... Petitioners
                      Through:       Mr.S.N. Pandey and Mr. Binod
                                     Kumar Singh, Advocates.

                                Versus

The State (NCT of Delhi) & Another               ......... Respondents
                        Through :    Mr. R.N. Vats, APP for the State.

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.

*

Petitioner No.1 and Respondent No.2 are present with their

counsel. The learned counsel for the parties state that the marriage

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

a decree of dissolution of marriage dated 21st January, 2008 under

Section 13B (1) of the Hindu Marriage Act, 1955. Learned counsel for

the parties and the parties present also state that all the disputes

between the parties have been settled. Respondent no.2 has also settled

all her claims against the petitioner no.1 for a total sum of

Rs.2,40,000/- out of which Rs.1,90,000/- has already been paid to

respondent no.2 and the balance amount of Rs.50,000/- has been paid

to the respondent no.2 today in the court by way of two cheques, one

cheque bearing No.252514 dated 24th July, 2008 for a sum of

Rs.35,000/- drawn on ICICI Bank Limited, Green Park Branch, Delhi in

favour of Respondent No.2 and another cheque bearing no. 252513

dated 5th August, 2008 for a sum of Rs.15,000/- drawn on ICICI Bank

Limited, Green Park branch, Delhi drawn in favour of respondent no.2.

The petitioner no.1, present in Court, also undertakes that these

cheques shall be honoured on presentation and shall not be

dishonoured on any account.

Let the statement of Respondent No.2, Ms. Chander Kala, be

recorded.

Statement of respondent No.2 has been recorded.

The parties have contended that since the matter has been

settled, the Petitioner No.1 and Respondent No.2, husband and wife

whose marriage has now been dissolved, no useful purpose shall be

served in continuing the proceedings pursuant to FIR No. 703/2007

under Section 498 A/406 of Indian Penal Code registered at P.S.

Malviya Nagar, New Delhi, against the Petitioners. It is also contended

that it shall be in the interest of justice if all the disputes are

terminated.

In these facts and considering the totality of circumstances, the

FIR 703/2001 under Section 498A/406 of Indian Penal Code registered

at P.S. Malviya Nagar, New Delhi, and all the proceedings emanating

therefrom against the petitioners are quashed.

The petition is disposed of.

Dasti.

July 23, 2008                                    ANIL KUMAR, J.
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