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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C.No.3056/2011
% Judgment delivered on:31st October, 2011
MOBIN KHAN & ORS ..... Petitioners
Through:Mr. I.A. Khan, Adv.
versus
STATE NCT OF DELHI & ANR ..... Respondents
Through:Ms. Ritu Gauba, APP for the
State with SI Man Singh and ASI
Sunder Singh, PS Gulabi Bagh.
Mr. Hamid Ali, Adv. for R-2 with R-2 in
person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
1. Whether the Reporters of local papers
may be allowed to see the judgment? No.
2. To be referred to Reporter or not? No.
3. Whether the judgment should be reported
in the Digest? No.
SURESH KAIT, J. (Oral)
1. Ld. counsel for the petitioner submits that vide FIR No.25 dated 03.02.2006 a case under section 406/498-A was registered at PS Pratap Nagar/Gulabi Bagh against the petitioners on the complaint of respondent No.2. He further submits that all the issues qua the aforesaid FIR have been Crl.M.C.No.3056/2011 Page 1 of 3 amicably settled with respondent No.2 and in pursuance of the settlement the marriage between the petitioner No.1 and the respondent No.2 has been dissolved.
2. Respondent No.2 Smt.Shehnaz is personally present in the Court with her counsel Mr. Hamid Ali. SI Man Singh and ASI Sunder Singh of PS Gulabi Bagh have identified her as Smt.Shehnaz D/o Shri Zakir Ali r/o 179, Padam Nagar, Kishan Ganj, Delhi.
3. Ld. counsel for the respondent No.2, on instructions from respondent No.2, states that all the issues qua the aforesaid FIR have been amicably settled and the marriage between the respondent No.2 and the petitioner No.1 has already been dissolved. Respondent No.2 states that she does not want to pursue the present case further and she has no objection if the aforesaid FIR is quashed.
4. Ld. APP for the State submits that while quashing the FIR heavy costs be imposed on the petitioner No.1 since the Government machinery has been used and the precocious time of this Court has also been consumed. Crl.M.C.No.3056/2011 Page 2 of 3
5. I find force in the submissions of the ld. APP. However, keeping in view the financial position of the petitioners, I, refrain from imposing costs on them.
6. In view of the above, FIR No. 25 dated 03.02.2006 under section 406/498-A registered against the petitioners at PS Pratap Nagar/Gulabi Bagh and all criminal proceedings emanating therefrom are hereby quashed.
7. Accordingly, CRL.M.C. 3056/2011 is allowed.
8. Dasti.
SURESH KAIT, J October 31st 2011 RS Crl.M.C.No.3056/2011 Page 3 of 3