Sonu @ Mom Ram & Ors vs State Of Nct Of Delhi & Anr
2011 Latest Caselaw 6040 Del

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*    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.


 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

therefrom.

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

13    Dasti.


                                                SURESH KAIT,J
DECEMBER 09, 2011
j