Virender Kumar Sharma & Ors v. The State & Ors

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision : 05.08.2008

Sh.Virender Kumar Sharma & Others

….… Petitioners Through: Mr.I.S. Sharma, Advocate along with petitioner No.1 in person.

Versus

The State & Another

......... Respondents Through : Mr. R.N. Vats, APP for State.

Mr.Saurabh Singh, Advocate for respondent No.2 along with respondent No.2 in person.

CORAM :- * HON'BLE MR. JUSTICE ANIL KUMAR

¶1Whether reporters of Local papers may

be allowed to see the judgment?

¶2To be referred to the reporter or not?

¶3Whether the judgment should be reported in the Digest?

ANIL KUMAR, J. * Petitioner No.1 and respondent No.2 are present with their counsel. Learned counsel for the parties state that the matter between the parties has been resolved amicably and the marriage between the petitioner No.1 and respondent No.2 has been dissolved by a decree of divorce by mutual consent under Section 13 B (2) of Hindu Marriage Act, 1955 dated 18th July, 2008.

Under the settlement, respondent No.2 is entitled for a total sum of Rs.2.50 lakh out of which Rs.1.25 lakh was paid earlier and Rs.1.25 lakh has been paid to her today in the court by a demand draft bearing No.160232 dated 04.04.2008 for a sum of Rs.1.25 lakh drawn on Punjab National Bank, CDFC, Delhi Finance.

Learned counsel for the parties state that in view of the settlement no useful purpose shall be served in continuing with the proceedings pursuant to FIR No.404/1999 under Sections 406/498A of Indian Penal Code registered at Police Station Adarsh Nager, against petitioners.

Let the statement of respondent No.2 be recorded, who is identified by her counsel.

Statement of respondent No.2 has been recorded. The disputes between the petitioner No.1 and respondent No.2, who were husband and wife, has been resolved amicably. The marriage between the petitioner No.1 and respondent No.2 has already been dissolved by a decree of divorce by mutual consent under Section 13 B (2) of Hindu Marriage Act, 1955 dated 18th July, 2008. It is apparent that no useful purpose shall be served in continuing with the proceedings pursuant to FIR No.404/1999 under Sections 406/498A of Indian Penal Code registered at Police Station Adarsh Nager, against petitioners. Considering the facts and circumstances, it shall also be in the interest of justice to quash the said FIR and all the proceeding

emanating therefrom. Learned Additional Public Prosecutor, Mr.Vats, has also no objection to the quashing of the FIR.

Therefore, in the totality of facts and circumstances, FIR No.404/1999 under Sections 406/498A of Indian Penal Code registered at Police Station Adarsh Nager, and all the proceedings emanating therefrom against petitioners are quashed.

The petition is disposed of.

Dasti.

August 05, 2008

ANIL KUMAR, J. 'Dev'