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Sonu @ Mom Ram & Ors vs State Of Nct Of Delhi & Anr on 9 December, 2011

Delhi High Court Sonu @ Mom Ram & Ors vs State Of Nct Of Delhi & Anr on 9 December, 2011Author: Suresh Kait

$~21

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4084/2011

% Judgment delivered on:9th December, 2011

SONU @ MOM RAM & ORS ….. Petitioner Through : Mr. Vinod Kumar, Adv.

versus

STATE OF NCT OF DELHI & ANR ….. Respondent Through : Mr. Naveen Sharma, APP.

Mr. S.K. Dayal, Adv. for R2.

CORAM:

HON’BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CRL. M.A. 19074/2011(Exemption)

Allowed subject to all just exceptions. CRL. M.C. 4084/2011

1 Notice issued.

2 Mr. Naveen Sharma, learned APP accepts notice on behalf of State.

3 Mr. S.K. Dayal, Advocate accepts notice on behalf of Respondent No. 2/complainant.

Crl.M.C.4084/2011 Page 1 of 3 4 Learned counsel for the petitioners submits that vide FIR No. 357 dated 24.5.2007, a case under Sections 498A/406/34 Indian Penal Code, 1860 at P.S. Kalyan Puri, Delhi against the petitioners on the complainant of respondent No.2.

5 Learned counsel further submits that the parties have settled all their disputes qua the aforesaid FIR and the marriage between petitioners No. 1 and respondent No. 2 has been dissolved vide decree of divorce dated 11.05.2010 by mutual consent. 6 Respondent No.2/complainant is personally present in the court. She has been duly identified by Mr. S.K. Dayal, Advocate. 7 Learned counsel for the respondent No. 2 on instructions submits that respondent No. 2 does not want to pursue the case further and she has no objection if the present FIR is quashed. 8 Learned APP for State submits that Charge-sheet has been filed in the trial court and the matter is at the stage of recording Prosecution Evidence.

9 Learned APP further submits that if this court is inclined to quash the FIR, heavy costs should be imposed upon the petitioners because Government Machinery has been mis-used and precious time of the court has been consumed.

10 I find force in the submissions made by learned APP for State, but keeping in view the poor financial condition of the petitioners, I refrain imposing costs upon them.

11 Keeping in view the settlement arrived at between the parties and statement made by respondent No. 2, I quash the FIR No. 357/2007, P.S. Kalyanpuri, Delhi and all the proceedings emanating

Crl.M.C.4084/2011 Page 2 of 3 therefrom.

12 Criminal M.C. 4084/2011 is allowed. 13 Dasti.

SURESH KAIT,J

DECEMBER 09, 2011

j

Crl.M.C.4084/2011 Page 3 of 3

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