Mobin Khan & Ors vs State Nct Of Delhi & Anr
2011 Latest Caselaw 5265 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+             CRL.M.C.No.3056/2011

%             Judgment delivered on:31st October, 2011

MOBIN KHAN & ORS                            ..... Petitioners
                                   Through:Mr. I.A. Khan, Adv.

                       versus


STATE NCT OF DELHI & ANR                ..... Respondents
                   Through:Ms. Ritu Gauba, APP for the
                   State with SI Man Singh and ASI
                   Sunder Singh, PS Gulabi Bagh.
                   Mr. Hamid Ali, Adv. for R-2 with R-2 in
                   person.

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. Ld. counsel for the petitioner submits that vide FIR

No.25 dated 03.02.2006 a case under section 406/498-A was

registered at PS Pratap Nagar/Gulabi Bagh against the

petitioners on the complaint of respondent No.2. He further

submits that all the issues qua the aforesaid FIR have been

amicably settled with respondent No.2 and in pursuance of

the settlement the marriage between the petitioner No.1 and

the respondent No.2 has been dissolved.

2. Respondent No.2 Smt.Shehnaz is personally present in

the Court with her counsel Mr. Hamid Ali. SI Man Singh and

ASI Sunder Singh of PS Gulabi Bagh have identified her as

Smt.Shehnaz D/o Shri Zakir Ali r/o 179, Padam Nagar, Kishan

Ganj, Delhi.

3. Ld. counsel for the respondent No.2, on instructions

from respondent No.2, states that all the issues qua the

aforesaid FIR have been amicably settled and the marriage

between the respondent No.2 and the petitioner No.1 has

already been dissolved. Respondent No.2 states that she

does not want to pursue the present case further and she

has no objection if the aforesaid FIR is quashed.

4. Ld. APP for the State submits that while quashing the

FIR heavy costs be imposed on the petitioner No.1 since the

Government machinery has been used and the precocious

time of this Court has also been consumed.

5. I find force in the submissions of the ld. APP. However,

keeping in view the financial position of the petitioners, I,

refrain from imposing costs on them.

6. In view of the above, FIR No. 25 dated 03.02.2006

under section 406/498-A registered against the petitioners at

PS Pratap Nagar/Gulabi Bagh and all criminal proceedings

emanating therefrom are hereby quashed.

7. Accordingly, CRL.M.C. 3056/2011 is allowed.

8. Dasti.

SURESH KAIT, J

October 31st 2011 RS