Pravesh Kumar & Ors vs Govt Of Nct Of Delhi
2011 Latest Caselaw 5220 Del

$~28
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C.No.3542/2011

%              Judgment delivered on: 24th October, 2011

        PRAVESH KUMAR & ORS                    ..... Petitioners
                      Through : Mr. Siddharth, Adv
                 versus
        GOVT OF NCT OF DELHI                ..... 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                   NO
        in the Digest?

SURESH KAIT, J. (Oral)

1. Learned counsel for the petitioners submits that vide

FIR No.512/2007 dated 24.07.2007, case under Section

498A/406/34 Indian Penal Code, 1860 was registered against

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

at police station Jahangir Puri, Delhi.

2. Further submits that with the intervention of the elders

and common friends, matter has been settled and petitioner

Nos.1 & 6 decided to part their ways and vide decree dated

24.02.2011, marriage between the parties stood dissolved.

3. Ms.Seema @ Yogita, petitioner No.6 is present in

person with her learned counsel, Advocate who has duly

identified her. Further, she has produced the original (in torn

condition) identify card issued in her name from National

Open School. The photocopy of thereof has been placed at

Page No.24 of the petition. Original seen and returned to

her.

4. Petitioner No.6 submits that she has settled all the

issues qua the present FIR and she does not wish to pursue

the same. She has no objection, if the present FIR is

quashed.

5. Ms.Ritu Gauba, learned APP for State in the present

case, submits that the FIR was registered way back in the

year 2007 and since then the government force has been

used and the precious time of the Courts has been

consumed. It is further submitted that charge-sheet has

since been filed, however, charge yet to be framed against

the petitioners. If this Court is inclined to quash the present

FIR, costs should be imposed upon the petitioners.

6. In view of above, as the marriage between the

petitioner and petitioner No.6 has already been dissolved

vide decree dated 24.02.2011, and petitioner No.6 is not

interested in pursuing her case any further, FIR No.512/2007

under Section 498A/406/34 Indian Penal Code, 1860

registered against the petitioner Nos.1 to 5 at police station

Jahangir Puri, Delhi and emanating proceedings, if any, are

quashed.

8. I find force in the submission of learned APP for State

for putting the petitioners to some terms. However, keeping

the financial status of the petitioners, I refrain in imposing

any costs upon the petitioners.

9. Accordingly, Criminal M.C.No.3542/2011 is allowed and

disposed of in above terms.

10. Dasti.

SURESH KAIT, J

October 24th 2011 Mk