Upender Saini & Ors v. Govt. of N.C.T. of Delhi & Anr

Crl.M.C.No.2304/2008

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Crl.M.C.No.2304/2008

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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

¶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. *

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 Crl.M.C.No.2304/2008

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'