Delhi High Court
Sanjay Dutta vs State, Nct Of Delhi & Anr on 28 July, 2008
Author: Anil Kumar
Bench: Anil Kumar
* 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 CRL.M.C.No.2390/2008 Page 1 of 2 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'
CRL.M.C.No.2390/2008 Page 2 of 2