DAYA SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner No. 1 and respondent No. 2 are present with their counsel. The learned counsel for the parties contend that the marriage between the petitioner No. 1 and respondent No. 2 has been dissolved by a decree of divorce dated 16th December, 2006 on the ground of mutual consent under Section 13 B (2)of Hindu Marriage Act, 1955. Under the settlement the respondent No. 2 became entitled for Rs. 1 lakh in full and final settlement of all her claims. Earlier an amount of Rs. 68,000/- was paid to the respondent No. 2 and the balance amount of Rs. 32,000/- has been paid to respondent No. 2 vide demand draft No. 863889 dated 28th June, 2008 drawn on Punjab National Bank, Gokhale Road, Delhi-110006. Let the statement of respondent No. 2 be recorded.

(2.) STATEMENT of respondent No. 2 has been recorded. Respondent No. 2 has also been identified by the counsel for respondent No. 2. Since the disputes have been settled between the parties and under the settlement whatever was due to respondent No. 2 has been paid to her which is admitted by her, no useful purpose shall be served in continuing the proceedings pursuant to FIR No. 320/2005 dated 27th May, 2005 under Section 498a/406/34 of IPC registered at Police Station model Town, 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.

(3.) THEREFORE, in the totality of facts and circumstances, FIR No. 320/2005 dated 27th May, 2005 under Section 498a/406/34 of IPC registered at Police station Model Town, Delhi, and all the proceedings emanating therefrom against petitioners are quashed. The petition is disposed of.