Shankar Lal vs State & Anr
2011 Latest Caselaw 4696 Del

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C.No.2760/2011

%              Judgment delivered on:22th September,2011


        SHANKAR LAL                         ..... Petitioner
                      Through : Mr.R. K. Sheoran, Adv.
                 versus
        STATE & ANR                         ..... Respondent
                      Through : Ms.Ritu Gauba, APP for State
                              Respondent No.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               NO
        in the Digest?

SURESH KAIT, J. (Oral)

1. Learned counsel for the petitioner submits that vide FIR

No.119/1995 dated 23.02.1995 a case under Section

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

the petitioner on complaint of respondent No.2 at police

station Dr.Ambedkar Nagar, New Delhi.

2. Further submits that pursuant to settlement dated

30.07.2011 petitioner and respondent No.2 have amicably

settled all the issues qua the aforesaid FIR and they are

living together as husband and wife since the year 2004.

3. Respondent No.2 present in person. The photographs

of respondent No.2 and petitioner No.1 are affixed at the

compromise deed at page No.24 of petition. In addition to

that, she has also produced the photocopy of voter identity

card bearing No.03/034/168498 which stands in her name.

Photocopy so produced is taken on the record.

4. Respondent No.2 submits that she has settled all the

issues qua the aforesaid FIR & does not wish to pursue the

case against petitioner further as she is residing happily with

petitioner No.1 in the matrimonial house.

5. Ms.Ritu Gauba, learned APP for State submits that case

is pending for prosecution evidence, therefore, the

government machinery has been used and precious time of

the Court has been consumed, therefore, some costs may be

imposed while quashing of the FIR in the present case.

6. Keeping the aforesaid settlement dated 30.07.2011

into view and the fact that petitioner and respondent No.2

have reconciled the issues are living happily together as

husband and wife, FIR No.119/1995 under Section 498A/406

Indian Penal Code, 1860 registered against the petitioner at

police station Dr.Ambedkar Nagar, New Delhi and the

proceedings emanating thereto are hereby quashed.

7. Since the parties are living together since the year

2004 and reconciled their issues, therefore, I refrain in

imposing any costs.

8. Criminal M.C.No.2760/2011 stands allowed and

disposed of in above terms.

9. Dasti.

SURESH KAIT, J

September 22, 2011 Mk