Harsh Preet Jolly & Anr vs State & Anr
2011 Latest Caselaw 4982 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C. 3367/2011

%              Judgment delivered on:10th October,2011

        HARSH PREET JOLLY & ANR            ..... Petitioners
                      Through : Mr. G K Nayyar, Adv.

                       versus


        STATE & ANR                               ..... Respondents
                             Through: Ms.Ritu Gauba, APP for State.
                             Mr. Amardeep Maini, Adv. for R-2


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         NO
        in the Digest?

SURESH KAIT, J. (Oral)

Crl.M.A.11972/2011

Exemption is allowed subject to just exceptions.

Criminal M.A. stands disposed of.

Crl.M.C.3367/2011

1. Ld. counsel for the petitioner submits that FIR No.310

was registered on 02.09.2010 under Section 498A/406 Indian

Penal Code, 1860 at PS Jahangir Puri against the petitioners.

2. Further submits that vide settlement dated 29.11.2010

respondent No.2 Shivani has settled all the issues qua

aforesaid FIR and that she does not want to pursue the case

further as she has received sum of `02.5 lakhs out of total

settlement amount of `03.5 lakhs. The remaining amount of

`01 lakh is being paid today in the Court and the same has

been handed over to respondent No.2, who has accepted the

same without any protest.

3. Respondent No.2 Shivani D/o Kuldeep Sharma is

personally present in Court with her father, and is identified

by IO ASI Ved Prakash. She submits that in pursuance to

settlement dated 29.11.2010 marriage between petitioner

No.1 and herself has been dissolved vide decree of divorce

dated 16.08.2011 by mutual consent.

4. She further submits that as per the settlement dated

29.11.2010 entire amount i.e. `03.5 lakhs has already been

received by her. She submits that she does not want to

pursue the case further and has no objection if the present

FIR is quashed.

5. Keeping in view the statement of respondent No.2 and

settlement dated 29.11.2010, I quash FIR No.310 registered

on 02.09.2010 under Section 498A/406 Indian Penal Code,

1860 at PS Jahangir Puri and emanating proceedings thereto

against the petitioners.

6. Ld. APP submits that investigation is on advance stage.

The charge-sheet has yet to be filed. She submits that since

Government machinery has been used and the precious time

of the Court has also been consumed, therefore, cost should

be imposed on the petitioners while quashing the FIR.

7. I find force in the submission of ld. APP but keeping in

view the financial position of the petitioners I refrain from

imposing cost on them.

8. Accordingly, CRL.M.C. 3367/2011 is allowed.

SURESH KAIT, J

October 10, 2011 Vld