Kishan Saini @ Kallu & Ors vs State
2011 Latest Caselaw 4948 Del

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C.No.3194/20111

%              Judgment delivered on:03rd October,2011

KISHAN SAINI @ KALLU & ORS             ..... Petitioners
                   Through : Mr.Surender Chauhan, Adv.

                       versus

STATE                                                 ..... Respondent
                                 Through : Ms.Ritu Gauba, APP for State


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)

1. Learned counsel for petitioners submits that vide case

FIR No.425/2006 dated 29.07.2006 a case under Section

498A/406/34 Indian Penal Code was registered against the

petitioner Nos.1 to 5 on the complaint of petitioner No.6 at

police station Vikas Puri, New Delhi.

2. Further submits that a compromise arrived at between

the petitioner Nos.1 to 5 and petitioner No.6 on 17.01.2006

whereby they have settled all the issues qua the aforesaid

FIR. Pursuant to that compromise, vide divorce decree

dated 10.08.2007 the marriage between the petitioner No.1

and petitioner No.6 has been dissolved. Consequently,

petitioner No.6 does not wish to pursue the present case

against the petitioner Nos.1 to 5.

3. Petitioner No.6, Ms.Hema Saini personally present with

her father namely Shri R. P. Saini and submits that she has

settled all the issues qua the aforesaid FIR pursuant to the

compromise dated 17.01.2006 and her marriage with

petitioner No.1 has already been dissolved vide decree

dated 10.08.2007. She does not wish to pursue her case

against petitioner Nos.1 to 5 and she has no objection, if the

present FIR is quashed.

4. Ms.Ritu Gauba, learned APP for State submits that

after framing of the charges against petitioner Nos.1 to 5,

matter is pending for completion of prosecution evidence

before learned Trial Court. She further submits that if this

Court is inclined to quash the present FIR, heavy costs

should be imposed upon petitioner Nos.1 to 5.

5. Keeping the settlement dated 17.01.2006 into view and

the fact that marriage between the petitioner No.1 and

petitioner No.6 has since been dissolved and petitioner No.6

does not wish to continue with the present FIR, in the

interest of justice, FIR No.425/2006 under Section

498A/406/34 Indian Penal Code registered against the

petitioner Nos.1 to 5 at police station Vikas Puri, New Delhi

and emanating proceedings thereto are hereby quashed.

6. Though, I find force in the submission of learned APP

for State, however, keeping the financial position of

petitioner Nos.1 to 5 into view, I defer in imposing any costs

upon them.

7. Accordingly, Criminal M.C.No.3194/2011 stands allowed

in above terms.

SURESH KAIT, J

October 03rd 2011 Mk