V.K. Vohra vs Sudesh Kumari and Another

This is a petition u/s 482, Cr.P.C. for quashing the proceedings arising out of FIR No. 303/93 u/s 498-A, IPC, P.S. Shalimar Bagh.

Learned Counsel for petitioner submits that petitioner V.K. Vohra was married to respondent No. 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 3rd March, 1996 petitioner was held guilty and was sentenced to undergo R.I. for one year and a fine of Rs. 5,000/- in dealt S.I. for three months. 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 FIR be 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.

From the material placed on record, it is clear 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 of Haryana and others Vs. Ch. Bhajan Lal and others, . Since all the matters have been already been compromised, I feel no useful purpose would be served by permitting the proceedings arising out of the above FIR to continue.

In view of the above, petitions is allowed. All proceedings arising out of the above noted FIR are quashed.

Petition stands disposed of.

Petition disposed of.