V K VOHRA Vs. SUDESH KUMARI

JUDGEMENT

(1.) This is a petition under Section 482, Code of Criminal Procedure for quashing the proceedings arising out of FIR No. 303/93 under Section 498-A, Indian Penal Code, P.S. Shalimar Bagh.

(2.) Learned Counsel for petitioner submits that petitioner V.K. Vohra was married to respondent No. 1 Smt. Sudesh Kumar. The dispute arose between the parties due to some private and personal reasons, as a result of which the above noted FIR was lodged. By judgment and order dated 3/03/1996 petitioner was held guilty and was sentenced to undergo R.I. for one year and a fine of Rs. 5,009.00in dealtS.Lforthreemonths.The fine has already been deposited and appeal titled (V.K. Vohra v. State) pending in the Court of Additional Sessions Judge, Delhi. The dispute between the parties was resolved by intervention of common friends. Marriage between the parties was dissolved by a decree of divorce dated 17.8.1999 passed by the Court of Additional Principal Judge, Family Court, Lucknow, U.P. There is no other dispute pending between them and that in the larger interest of both the parties proceedings arising out of above FIRbe quashed. These facts are not contested by learned Counsel for State. The petition is duly supported by the affidavits of the parties, who are also present in Court and are identified by their respective Counsel.

(3.) From the material placed on record, it is dear that the criminal proceedings are manifestly attended with mala fides or due to some private and personal problems. Therefore, the same can be quashed, as per the laws laid down by the Apex Court in State ofHaryana v. Bhajan Lal, AIR 1992 SC 604. Since all the matters have already been compromised, I feel no useful purpose would be served by permitting the proceedings arising out of the above FIR to continue.