Delhi High Court Shailender Kumar & Ors vs State & Anr on 23 March, 2012Author: Suresh Kait

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1015/2012

% Judgment delivered on:23rd March, 2012

SHAILENDER KUMAR & ORS ….. Petitioner Through : Mr. P. Maheshwari, Adv.

versus

STATE & ANR ….. Respondent Through : Mr.Navin Sharma, APP for State. Mr. Praveen Asiwal, Adv. for R2.

CORAM:

HON’BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CRL. M.C. 1015/2012

1 Notice issued.

2 Mr. Navin Sharma, learned APP for State accepts notice on behalf of respondent No.1/State.

3 Mr. Praveen Asiwal, Advocate accepts notice on behalf of respondent No.2.

4 With the consent learned counsels for the parties, the instant

Crl.M.C.No.1015/2012 Page 1 of 3 petition is taken up for final disposal today.

5 Learned counsel for the petitioner submits that vide FIR No. 405 dated 13.11.2007, a case was registered for the offences punishable under Sections 498A/406/34 Indian Penal Code, 1860 on the complaint of respondent No.2/complainant against the petitioners.

6 Learned counsel for the applicant further submits that the matter has been settled between the parties with the intervention of family members on lump sum of Rs.3lacs for all the claims.

7 Learned counsel further submits that out of the total settlement amount, the amount of Rs.2lacs has already been paid to respondent No.2.

8 Petitioner No.1 today hands over the remaining settlement amount of Rs.1lacs to respondent No.2 in cash, who counts the same and found it to be correct.

9 Respondent No.2 is personally present in the court today. She has been dully identified by her counsel, Mr. Praveen Asiwal, Advocate.

10 Learned counsel for appearing on behalf of respondent No.2, upon instructions, submits that respondent No. 2 has settled all the disputes qua the aforementioned FIR against all the petitioners. She has received the entire settlement amount. She is no more interested to pursue the case. Even the marriage between the parties has also been dissolved vide decree of divorce dated 10.07.2009. She has no

Crl.M.C.No.1015/2012 Page 2 of 3 objection if the FIR mentioned above with emanating proceedings thereto is quashed.

11 Learned APP for State submits that after the completion of investigation, the Charge-sheet has been filed and the matter is pending before trial court for recording Prosecution Evidence.

12 Learned APP further submits that if this court is inclined to quash the FIR in the present case, then heavy costs may be imposed upon the petitioners as in the process, the government machinery has been pressed into and precious public time has been consumed.

13 Though, I find force in the submissions made by learned APP on costs, but keeping in view the poor financial position of the petitioners, I refrain imposing costs upon them.

14 Keeping in view the facts and circumstances of this case, statement of respondent No.2, dissolution of marriage between petitioner No.1 and respondent No.2 and in the interest of justice, I quash FIR No. 405/2007 registered at P.S.Prasad Nagar, Delhi with all the proceedings emanating therefrom.

15 Criminal M.C. 1015/2012 is disposed of.

16 Dasti.

SURESH KAIT, J

MARCH 23, 2012

j

Crl.M.C.No.1015/2012 Page 3 of 3