Delhi High Court
Praveen Kumar vs State & Ors. on 17 November, 2011
Author: Suresh Kait
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3776/2011
% Judgment delivered on:17th November, 2011
PRAVEEN KUMAR ..... Petitioner
Through :Mr. Vaibhav Sinha, Adv.
versus
STATE & ORS. ..... Respondent
Through :Ms. Rajdipa Behura, APP.
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)
CRL. M.A. 17990/2011(Exemption)
Allowed subject to all just exceptions.
CRL. M.C. 3776/2011
1 Learned counsel for the petitioners submits that an FIR No.
301/2010 was registered under Sections 406/498 A/406 of Indian Penal
Code, 1860 at P.S. Patel Nagar on the complaint of
complainant/respondent No. 2.
2 Further submits that the petitioner had filed a divorce petition and
the same was allowed vide order dated 22.10.2009 as ex-parte divorce
decree.
3 Thereafter, respondent No. 2 had moved an application for setting
aside the ex-parte divorce decree.
4 In between, on 26.04.2011, the disputes between the parties got
settled in the Mediation and Conciliation Centre, Delhi High Court for a
total sum of Rs.6,97,000/-
5 Further submits that the entire amount has been given to
respondent No. 2/complainant.
6 Respondent No. 2/complainant is personally present in the court
today with her counsel, Mr. Praveen Kumar Pachauri, Advocate, who
duly identifies her. He submits upon instructions of respondent No.2 that
she has received entire settled amount and she does not want to pursue
the case further and she has no objection if the present FIR is quashed.
7 Learned APP for State upon instructions of W/ASI Prabha submits
that the investigation in the matter has been completed and the Charge
sheet has been filed in the court which is pending for consideration.
8 She further submits that the Government Machinery has been mis-
used and precious time of the court has been consumed, therefore heavy
costs should be imposed upon the petitioners before quashing the FIR.
9 I find force in the submissions made by learned APP.
10 Counsel for the petitioner upon instruction submits that the
petitioner is ready to contribute a sum of Rs.25,000/- towards welfare
fund.
11 Accordingly, keeping in view the statement of respondent No.2/
complainant and in the interest of justice, I quash the FIR No. 301/2010
registered under Sections 406/498 A/34 IPC at P.S. Patel Nagar and all
the proceedings emanating therefrom.
12 I direct the petitioner to deposit a sum of Rs.25,000/- in favour of
Principal/Head Master, Nursery Primary School for mentally retarded
children, Mayur Vihar, Delhi within a period of 02 weeks from today.
Proof of the same be placed on record.
The said Principal / Head Master is further directed to keep the
said money in FDR initially for 3 years, thereafter to be renewed
periodically. I make it clear that the interest amount accrued thereon
shall be utilized for well being of the needy children of the School.
13 Criminal M.C. 3776/2011 is allowed on the above terms.
14 Dasti.
SURESH KAIT,J
NOVEMBER 17, 2011
j
