Choudhry Basdev & Ors vs State & Anr
2011 Latest Caselaw 5850 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI


+     CRL.M.C. 3953/2011
%         Judgment delivered on:30th November, 2011

      CHOUDHRY BASDEV & ORS                   ..... Petitioner
                  Through : Mr. Chakravarty Pal, Adv.

                      versus


      STATE & ANR                           ..... Respondent
                               Through : Mr. Naveen Sharma, APP with
                               SI/IO Girraj Singh, P.S. Badarpur.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

CRL. M.A. 18621/2011 (Exemption)

Allowed subject to all just exceptions.

CRL. M.C. 3953/2011

1 Notice issued. Mr. Navin Sharma, learned APP accepts notice on behalf of State.

2 Learned counsel for the petitioner submits that a complaint case No. 720/1 was filed under Sections 279/380/356/427/451/506 Indian Penal Code, 1860 by respondent No.2 against the petitioners on which

the trial court took cognizance of the offences mentioned above. 3 He further submits that respondent No.2 has amicably settled the dispute with the petitioner vide compromise deed dated 13.11.2011. 4 Respondent No. 2 is personally present in the court today. She has been duly identified by her counsel and IO/SI Girraj Singh, P.S. Badarpur, Delhi. She submits that she does not wish to pursue the case further and submits that, she has no objection if the complaint case filed on her complaint is cancelled.

5 Learned counsel for the petitioner submits that vide compromise dated 13.11.2011, that matter has also been settled between the parties. 6 Learned APP for State submits that the as Government Machinery has been mis-used and precious time of the court has been consumed, therefore, heavy costs shall be imposed upon the petitioners while quashing the FIR.

7 I find force in the submissions made by learned APP for State but I refrain myself from imposting costs as the petitioner is a Home- maker and is not earning anything.

8 In the facts and circumstances of the case, I quash the complaint case No. 720/1 was filed under Sections 279/380/356/427/451/506 Indian Penal Code, 1860, P.S. Badarpur and all the proceedings emanating therefrom.

9 Criminal M.C. 3953/2011 is allowed.

10    No order as to costs.
11    Dasti.


CRL. M.A. 18622/2011

The application is disposed of as infructuous.

SURESH KAIT, J NOVEMBER 30, 2011 j