Citation : 2011 Latest Caselaw 5874 Del
Judgement Date : 1 December, 2011
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No. 2826/2011
% Judgment delivered on:1st December, 2011
RAVINDER DAGAR & ORS. ..... Petitioners
Through: Mr. Rambir Singh, Adv.
versus
NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Rajdipa Behura, APP
Mr.Gurvinder S. Talwar, Adv.for R-2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide FIR No. 639 dated 11.12.2007 a case under Section 498- A/406 of the Indian Penal Code, 1860 was registered at Police Station Narela on the complaint of the respondent No.2.
2. Ld. counsel for the petitioner submits that the respondent No. 2 and the petitioners have amicably settled all the issues qua the aforesaid FIR and the respondent No.2 does not want to pursue the case further. Therefore, the present FIR may be quashed.
3. Respondent No.2 is personally present in the Court with her counsel Mr. Gurvinder S. Talwar. Father of the respondent No.2 Shri Raj Singh is also present in the Court.
4. Ld. counsel for the respondent No. 2, on instructions, submits
that the matter has been amicably settled and, as per the settlement, the total agreed amount has already been received by the respondent No.2 without protest.
5. Ld. counsel further submits that vide decree dated 10.04.2008 the marriage between the respondent No.2 and the petitioner No.1 had already been dissolved by mutual consent.
6. Ld. counsel further submits that both the respondent No.2 and the petitioner No. 1 have got married and they have been living with their respective spouses and that both of them are blessed with child. Respondent No.2 has no objection if the present FIR is quashed.
7. Keeping in view the statement of the respondent No.2 and the fact of dissolution of marriage, in the interest of justice I quash the aforesaid FIR No. 639 registered at Police Station Narela and all criminal proceedings emanating therefrom.
8. I refrain from imposing costs on the petitioner who is working as a lower employee, i.e., Constable, in the Delhi Police.
9. In view of the above, the Crl. M.C. No. 2826/2011 is allowed and disposed of.
10. Dasti.
SURESH KAIT, J
DECEMBER 1, 2011 RS
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