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CRL.M.C. 1000/2013
RAGHUBIR & ORS. Petitioners
Through : Mr. Amish Debas Proxy Counsel Petitioners in person.
Through: Mr. Kunal Malhotra, proxy Counsel.
Respondent No.2 in person.
11.03.2013
Exemption allowed, subject to all just exceptions.
The Application is allowed
ORDER
1. This is a Petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) preferred by the Petitioners for quashing of FIR No.216/2007 registered under Sections 498-A/406/34 IPC at Police Station Mayapuri and consequential proceedings arising out ofthe same.
2. FIR No.216/2007 was registered on the statement made by Respondent No.2 Ms. Sonia Verma (the Complainant) on the allegations that Petitioner No.3 Raj Kumar @ Vicky was married to Respondent No.2 on 30.03.2006 according to Hindu rites and ceremonies. After the marriage Respondent No.2 was treated with cruelty with regard to demand of dowry. 2013:DHC:7896 r
3. It is stated in the Petition that after the marriage the parties lived together as husband and wife but due to differences they could not continue to live together and started living separately. Thereafter, the Respondent No.2 lodged a complaint with CAW Cell, Nanakpura on the basis of which the aforesaid FIR was registered against the Petitioners and other family members.
4. It is stated in the Petition that ex-parte divorce was granted to Respondent No.2 in the year 2007-2008 and that Petitioner No.3 got married and was blessed with a son in the year 2012.
5. The learned proxy counsel for the Petitioners submits that since Respondent No.2 had obtained divorce and Petitioner No.3. had remarried, no useful purpose would be served by continuance of the criminal proceedings against the Petitioners. The counsel, therefore, prays for quashing of the FIR and all subsequent proceedings arising out of the said FIR.
6. Respondent No.2 is present in the Court. She states that she has no objection ifthe FIR in question is quashed against the Petitioners.
7. In view of the above, in my view, no useful purpose would be served by continuing the criminal proceedings against the Petitioners which will be only an exercise in ftitility and wastage ofprecious time ofthe Court.
8. Accordingly, the Petition is allowed and FIR No.216/2007 registered under Sections 498-A/406/34 IPC at Police Station Mayapuri and all the proceedings arising therefrom as against the Petitioners are quashed. G.P. MITTAL, J. MARCH 11, 2013 vk