Vijay vs State & Ors
2011 Latest Caselaw 6167 Del

$~55
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C. No.4106/2011

%            Judgment delivered on:15th December, 2011

VIJAY                                                   ......Petitioner
                                Through : Mr Jagat Singh, Adv.

                     versus

STATE & ORS                                          ..... Respondents
                                Through : Mr.Navin Sharma, APP for
                                State with ASI Pritam Singh, police
                                station Sangam Vihar, New Delhi in
                                person.
                                Mr Sunil Kumar, Adv for R-2 with
                                respondent in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT



SURESH KAIT, J. (Oral)

1. Learned counsel for petitioner submits that vide FIR No.454/2008 dated 26.08.02008 case under Section 498A/406/34 IPC was registered against the petitioner on the complaint of respondent No.2 at police station Sangam Vihar, New Delhi.

2. He further submits that vide compromise dated October, 2009 both the parties settled their issues and marriage between the petitioner and respondent No.2 has been dissolved by mutual consent divorce vide decree dated 16.05.2011. The total payment of ` 2.25 lacs as

agreed between the parties had already been paid to respondent No.2. Pursuant thereof, respondent No.2 is not interested in pursuing her case and present FIR may be quashed.

3. Respondent No.2 is present in the Court with her learned counsel Mr Sunil Kumar who duly identified her. In addition, Investigating Officer ASI Pritam Singh also identifies her. She submits that her marriage with petitioner has been dissolved. She had already received the total settled amount and she is no more interested in pursuing her case anymore against the petitioner. She has no objection, if the present FIR is quashed.

4. Mr.Navin Sharma, learned APP for State on instructions submits that after framing of charge against the petitioner, matter is pending for recording prosecution evidence before learned Trial court.

5. He further submits that if this Court is inclined to quash the instant FIR, then petitioner may be put to some terms, as the government machinery put into action and precious time of the Court has been used.

6. Keeping the settlement between the parties, dissolution of their marriage and submission of respondent No.2, into view, in the interest of justice, FIR No.454/2008 registered against the petitioner police station Sangam Vihar, New Delhi and proceedings germinating thereto are hereby quashed.

7. Though, I find force in the submission of learned APP, however, considering the financial status of petitioner, I am not inclined to put any costs upon him.

8. Accordingly, Criminal M.C.No.4106/2011 is allowed and stands disposed of.

9. Dasti.

SURESH KAIT, J

DECEMBER 15, 2011 Mk