RAKESH KUMAR Vs. STATE

JUDGEMENT

(1.) PETITIONER No. 1, husband, and respondent No. 2, wife, are present with their counsel. Learned counsel for the parties state that the marriage between the petitioner No. 1 and respondent No. 2 has been dissolved by a decree of divorce dated 2nd July, 2008 on the ground of mutual consent under Section 13 b (2) of Hindu Marriage Act, 1955. The parties have already settled all their claims against each other and in settlement of the claims of respondent No. 2 an amount of Rs. 2. 30 lakhs has been paid to respondent No. 2. It is contended that no useful purpose shall be served in continuing with the proceedings pursuant to fir No. 103/2002 under Section 498a of IPC registered at Police Station Malviya nagar, New Delhi, against petitioners. Let the statement of respondent No. 2 be recorded.

(2.) 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. The marriage between the petitioner No. 1 and respondent No. 2 has already been dissolved by a decree of divorce dated 2nd July, 2008 on the ground of mutual consent under Section 13 B (2) of Hindu Marriage Act, 1955. It is apparent that no useful purpose shall be served in continuing with the proceedings pursuant to FIR No. 103/2002 under Section 498a of IPC registered at police Station Malviya Nagar, New Delhi 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, also has no objection to the quashing of the FIR. Therefore, in the totality of facts and circumstances, FIR No. 103/2002 under Section 498a of IPC registered at Police Station Malviya Nagar, New Delhi, and all the proceedings emanating therefrom against petitioners are quashed. The petition is disposed of.