Aditya Jerath vs State & Another
2011 Latest Caselaw 5768 Del

$~03
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+             CRL.M.C. No. 2014/2011

%             Judgment delivered on:28th November, 2011

ADITYA JERATH                                            ..... Petitioner
                               Through : Ms.Pinky Anand, Sr Adv with
                               Mr.Jatin Sehgal, Adv.

                      versus

STATE & ANOTHER                                       ..... Respondent
                               Through : Mr.Navin Sharma, APP for State
                               with SI Jitender Rana, police station Civil
                               Lines in person.
                               Mr.Subhash C. Jindal, Adv for R-2 with
                               respondent in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

1. Ms.Pinky Anand, learned Senior Advocate for the petitioners submits that vide FIR No.175/2010 dated 18.09.2010 a case under Section 498A/406/34 Indian Penal Code, 1860 at police station Civil Lines, Delhi was registered against the petitioners on the complaint of respondent No.2.

2. Learned Senior Advocate for the petitioners further submits that a settlement has been arrived at between the parties and consequent

thereto, they have settled their all the issues on a total payment of ` 36.0 lacs. Therefore, she is no more interested in pursuing her case further.

3. Respondent No.2 is present with her learned counsel Mr.Subash C. Jindal, who identifies her. Learned counsel on instructions from respondent No.2, submits that all the issues qua the present FIR has been settled. She has no objection, if the present FIR is quashed.

4. Today, a part payment of `11.0 lac has been made by petitioners to respondent No.2 by way of draft bearing No.066478 dated 24.11.2011 drawn on HDFC Bank Ltd, Gurgaon, Haryana in favour of respondent No.2, which has been accepted by her without any protest.

5. Learned Senior Advocate for the petitioners further submits that petitioner No.1 has already made a payment of `11.0 lac at the time of first motion petition. The balance amount of `14.0 lac shall be paid at the time of second motion, as agreed between the parties.

6. Mr.Navin Sharma, learned APP for State, on instructions submits that the charge-sheet has been filed, and the matter is pending with learned Trial Court. He further submits that if the Court is inclined to quash the FIR, heavy costs should be imposed upon the petitioners, since the government machinery has been used and precious public time has been consumed.

7. Keeping the settlement entered between the parties and respondent No.2 does not wish to pursue her case against the

petitioner, FIR No.175/2010 under Section 498A/406/34 Indian Penal Code, 1860 at police station Civil Lines, Delhi registered against the petitioners and emanating proceedings thereto are hereby quashed.

8. Ms.Anand, learned Senior Advocate for the petitioners, on instructions, submits that the petitioners shall contribute a sum of `55,000/- for the welfare of the needy children and destitute women.

9. Accordingly, I direct the petitioners to deposit the said amount of `55,000/- in favour of 'Welfare Fund for Children and Destitute Women' with 'The Superintendent, Nirmal Chaya, Jail Road, Tihar, New Delhi within two weeks from today. Proof thereof shall be placed on the record.

10. The Superintendent, Nirmal Chaya is further directed to keep the said amount of `55,000/- in FDR initially for a period of three years and the interest accrued thereon shall be used for the well being of the needy children and destitute women.

11. Consequently, Criminal M.C.No.2014/2011 allowed and stands disposed of in above terms.

12. Dasti.

SURESH KAIT, J

November 28, 2011 Mk