Sanjay Dutta vs State, Nct Of Delhi & Anr
2008 Latest Caselaw 1164 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         CRL.M.C.No.2390/2008

%                      Date of decision : 28.07.2008


Sanjay Dutta                                     ....... Petitioner
                          Through:   Mr.Prashant Mendiratta, Advocate
                                     along with petitioner No.1 in
                                     person.

                                 Versus

State, NCT of Delhi & Anr                        ......... Respondents
                        Through :    Mr. R.N. Vats, APP for the State.
                                     Mr.P.Norula, Advocate for the
                                     respondent No.2 along with
                                     respondent No.2 in person.
                                     ASI Suresh Kumar, IO

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 and respondent No.2 are present in person

along with their counsels and they contend that the dispute between

the parties have been resolved and the marriage between the petitioner

No.1 and respondent No.2 has been dissolved by a decree of divorce

under Section 13B(2) of the Hindu Marriage Act, 1955 by decree dated

28th May, 2008. It is also contended that all the disputes have been

resolved. Under the settlement arrived at between the petitioner and

respondent No.2 an amount of Rs.3.50 lakhs is payable out of which

Rs.2.25 lakh has already been paid to respondent No.2 and balance

amount of Rs.1.25 lakh has been paid today by bankers cheque dated

9th May, 2008 bearing No.103177 drawn on ICICI Bank Ltd in favor of

respondent No.2. The learned counsel for the parties contend that no

useful purpose shall be served in continuing the proceedings pursuant

to FIR No.492/2007, P.S.Srinivaspuri, New Delhi, under Section

406/498-A/34 IPC.

Let the statement of respondent No.2 be recorded.

The statement of respondent No.2 has been recorded. Respondent

No.2 has contended that she has reached the settlement on her own

free will and the settled amount has been paid to her. She doesn't want

that any proceedings pursuant to FIR No.492/2007 should continue as

no useful purpose shall be served.

Considering the totality of facts and in the circumstances and in

the interest of justice the FIR No.492/07 P.S.Srinivaspuri, New Delhi,

under Section 406/498-A/34 IPC and all the proceedings emanating

there from are hereby quashed against all the petitioners.

The petition is disposed of.

Dasti.

July 28, 2008                                    ANIL KUMAR, J.
'K'