Anil Kumar Sharma & Ors vs State & Anr
2011 Latest Caselaw 5939 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%               Judgment delivered on: 5th December, 2011

+     CRL.M.C. No. 3829/2011

      ANIL KUMAR SHARMA & ORS         ..... Petitioners
                   Through: Mr. Mohd. Rashid, Adv.

                     versus

      STATE & ANR                                     ..... Respondents
                              Through: Ms. Rajdipa Behura, Ld. APP for
                              State/R-1
                              Ms. Isha Khanna, Adv. For R-2 along with
                              R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Learned counsel for the petitioners submits that vide FIR No.434/2001 dated 26.09.2001, a case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners on the complaint of respondent No.2, at Police Station Adarsh Nagar, Delhi.

2. He further submitted that vide settlement dated 15.03.20011, a settlement has been arrived at between respondent No.2 and petitioners and the respondent No. 2 has amicably settled all the issues with the petitioners qua the aforesaid FIR and she does not wish to pursue the case further.

3. Respondent No.2 is present in the Court in person with her

counsel Ms. Isha Khanna . Ld. Counsel for the respondent No. 2, on instructions, submits that the respondent No.2 has received the total agreed amount of Rs.1,60,000/-. Respondent No.2 submits that she does not wish to pursue the case further and has no objection if the present FIR is quashed.

4. On the other hand, Ms.Rajdipa Behura, learned APP submits that if this Court is inclined to quash the FIR, then, heavy costs should be imposed on the petitioners as by this process, they have pressed the government machinery and consumed the precious time of the Court.

5. Keeping the settlement between the parties and statement of respondent No.2 into view, FIR No.434/2001 registered against the petitioners at Police Station Adarsh Nagar, Delhi and the proceedings emanating thereto are hereby quashed.

6. Though, I find force in the submission of learned APP, but keeping the financial position of the petitioners into view, no costs is imposed upon the petitioners.

7. Accordingly, Criminal M.C.No.3829/2011 is allowed and stands disposed of.

8. Dasti.

SURESH KAIT,J

DECEMBER 05, 2011 RS