Delhi High Court
Gaurav Sharda & Anr vs State Of Nct Of Delhi & Anr on 26 September, 2011
Author: Suresh Kait
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3221/2011
% Judgment delivered on:26th September,2011
GAURAV SHARDA & ANR ..... Petitioners
Through : Mr. Jugal Wadwa Advocate along
with Petitioners present in person.
versus
STATE OF NCT OF DELHI & ANR ..... Respondent
Through : Ms. Ritu Gauba, APP for the State.
Mr.Atul Buchar, Advocate for
Respondent No.2. along with
Respondent No.2 present 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 Issue notice.
2. Mr.C.S.Chauhan, Advocate accepts notice on behalf of
Ms.Rajdipa Behura, APP for the State. Mr.Atul Buchar,
Advocate accepts notice on behalf of Respondent No.2.
3. Learned counsel for the petitioners submit that a case
vide FIR No.1195/2006 dated 18.11.2006 was registered
under Section 420/467/468/406/506/340/34 Indian Penal
Code, 1860 at Police Station DLF, District-Gurgaon on the
complaint of respondent No.2-Jyotsana Sharda against four
persons. Two persons out of which, father-in-law and
brother-in-law of respondent No.2, have been discharged by
the learned Metropolitan Magistrate, Patiala House, New
Delhi.
4. Learned APP for the State has raised an objection that
the FIR was lodged in PS DLF, District Gurgaon, therefore this
Court has no jurisdiction to quash the same.
5. Learned counsel for the petitioners has clarified and
submits that during the pendency of the case at Gurgaon,
respondent No.2 had moved the transfer petition bearing
No.2002/2007 before the Supreme Court of India whereby
order dated 04.12.2008, the case was transferred to Delhi
High Court, therefore this Court has jurisdiction to quash the
said FIR.
6. Learned counsel for the petitioners submits that the
matter has already been settled between respondent No.2
and petitioner No.1 vide Settlement Agreement dated
11.11.2010. Pursuant to the said Settlement, a decree of
divorce dated 01.08.2011 has already been granted under
Section 13 B (II) of Hindu Marriage Act 1955 by mutual
consent.
7. Learned counsel for the petitioner further submits that
since the matter has already been settled between
respondent No.2/complainant and the petitioners, therefore
the present FIR may be quashed.
8. Respondent No.2 Ms.Jyotsana, D/o Sh.Naresh Bhuchar,
R/O 403, T-8, Maple Heights, Peer Musselah, Punchkula,
Haryana who is personally present in the Court with her
counsel Mr.Atul Buchar submits that, all issues have been
settled qua the aforesaid FIR, therefore, she does not wish to
pursue the case further. She has no objection, if the
aforesaid FIR is quashed.
9 Counsel for the petitioner further submits that the total
alimony has been settled at ` 40 lacs out of which ` 35 lacs
has already been paid to respondent No.2 and balance sum
of ` 5 lacs is handed over to respondent No.2 today in court
by way of a Bank Draft bearing No. 202489 dated
02.08.2011 drawn on ICICI Bank Limited, Panchsheel Park.
Respondent No.2 has accepted the same without any
protest.
10. Respondent No.2 is identified by her counsel.
Additionally, a photocopy of her identity card issued by the
Election Commissioner of India and a photocopy of ration
card wherein her name is indicated, has also been annexed.
11. Keeping in view the fact that a settlement has already
been arrived at, the marriage between petitioner No.1 and
respondent No.2 has already been resolved and finally that,
the respondent No.2 does not want to pursue the case
further, therefore, in the interest of justice, I quash the FIR
No.1195/2006 dated 18.11.2006 registered at P.S.DLF,
District Gurgaon and emanating proceedings thereto.
12 Learned APP for the State and learned counsel for the
petitioners submit that after framing the charges, the matter
is pending for prosecution evidence before the Metropolitan
Magistrate at Patiala House, New Delhi.
13. It is submitted by the learned APP for the State that
although the Government machinery has been pressed into
and the precious time of the Court has been consumed,
therefore, while quashing the FIR, heavy cost should be
imposed on the petitioners.
14. In the interest of justice while quashing FIR
No.1195/2006 and emanating proceedings thereto, I impose
cost of ` 1,00,000/- on the petitioner No.1, however, I defer
in imposing costs on petitioner No.2, who is house wife and
has no earning. The cost shall be paid by the petitioners in
favour of 'Delhi Child Welfare Fund', at Child Protection Unit,
Department of Women and Child Development, 1, Canning
Lane, K. G. Marg, New Delhi, within one week from today and
the proof of the same shall be placed on record.
14. I further direct the Department of Women and Child
Development, NCT of Delhi that the said amount shall be
disbursed to the Principal Sr. Secondary School for Blind
Boys, Sewa Kurir, B.B.M. Depot Road, Kingsway Camp, Delhi.
Needless to state that the Principal of the said school shall
utilize the said amount for the welfare of the visually
challenged boys. In case the Principal of the school has no
separate bank account, I further direct the Principal that the
account shall be opened within two days from the receipt of
this order and the amount shall be deposited in that account,
thereafter the same shall be utilized for the purpose as
stated above.
15. Learned counsel for the respondent, on instructions,
ensures this Court that that as per the settlement, the
respondent-2 will appear before the Chandhigarh Courts on
29.02.2012 to get the FIR and emanating proceedings to be
quashed.
16. Crl.M.C.No.3221/2011 is allowed.
17. Dasti.
SURESH KAIT, J
SEPTEMBER 26, 2011
sa
