Sanjay Dutta v. State & Anr

CRL.M.C.No.2390/2008

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C.No.2390/2008

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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

¶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 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

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'