Shiv Shankar & Ors vs State & Ors
2011 Latest Caselaw 4983 Del

$~1
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C. 2403/2011

%              Judgment delivered on:10th October,2011

        SHIV SHANKAR & ORS                ..... Petitioners
                      Through : Mr. Praveen Verma and Mr.
                      Jatin Rajput, Advs.

                       versus


        STATE & ORS                              .... Respondents
                             Through : Ms.Rajdipa Behura, 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        NO
        in the Digest?

SURESH KAIT, J. (Oral)

1. Ld. counsel for the petitioner submits that FIR No.90/05

was registered on 09.03.2005 under Sections 498A/406/34

Indian Penal Code, 1860 at PS Gandhi Nagar against the

petitioner No.1 (husband) and his relatives petitioner Nos.2

to 4.

2. Further submits that vide settlement dated 22.01.2010

respondent No.2 Anuradha Verma D/o Kanhaiya Lal has

settled all the issues qua aforesaid FIR and that she does not

want to pursue the case further. In addition, decree of

divorce dated 06.09.2010 has been issued on mutual

consent.

3. Ms. Anuradha Verma/respondent No.2 is personally

present in Court with her father namely Kanhaiya Lal. For

identification she has produced Election Card bearing No.TLE

1375302, Original of which is seen and returned. She

submits that in pursuance to settlement dated 22.01.2010,

marriage between the petitioner No.1 and her/respondent

No.2 has been dissolved vide decree dated 06.09.2010.

4. She further states that she has received the entire

amount as per the settlement. She does not want to pursue

the case further. She has no objection if the aforesaid FIR is

quashed.

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

settlement dated 22.01.2010, I quash FIR No.90/05

registered on 09.03.2005 under Section 498A/406/34 Indian

Penal Code, 1860 at PS Gandhi Nagar against the petitioner

No.1 (husband) and his relatives petitioner Nos.2 to 4.

6. Ld. APP for State submits that the charges against the

petitioners have already been framed and the case is

pending for prosecution for evidence. She submits that

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. CRL.M.C. 2403/2011 is allowed.

9. Dasti.

SURESH KAIT, J

October 10, 2011 Vld