Delhi High Court
Ashok Kumar & Ors vs State Govt. Of Nct Of Delhi &Ors on 26 September, 2011
Author: Suresh Kait
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3226/2011
% Judgment delivered on:26th September,2011
ASHOK KUMAR & ORS. ..... Petitioners
Through : Mr.Ashutosh Gupta, Advocate along
with Petitioner No.1 present in
person.
versus
STATE GOVT. OF NCT OF DELHI &ORS. ..... Respondents
Through : Mr.C.S.Chauhan, proxy counsel for
Ms.Rajdipa Behura, APP for the State.
Mr.Ashutosh Gupta, Advocate with
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
in the Digest? No.
SURESH KAIT, J. (Oral)
1 Issue notice.
2. Mr.C.S.Chauhan, Advocate accepts notice on behalf of
Ms.Rajdipa Behura, learned APP for the State. Mr.Ashutosh
Gupta, Advocate accepts notice on behalf of Respondent
No.2
3. FIR No.233/2003 was registered against the petitioners
under Sections 498A/406/34 Indian Penal Code, 1860 at
P.S.Narela on the complaint of Respondent No.2.
4. Learned counsel for the parties submits that the matter
has already been settled between respondent No.2 and
petitioner No.1. Pursuant to the said Settlement, a decree of
divorce has already been granted under Section 13 B (II) of
Hindu Marriage Act 1955 by mutual consent.
5. 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.
6. Respondent No.2 Ms.Anita, is personally present in the
Court with her paternal uncle (Tau) Shri Ram and counsel
Mr.Ashotosh Gupta. Respondent No.2 is working as LDC in
District and Sessions Judge Office, Tis Hazari. Her employee
No. is 76523370. She states 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.
7. 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 Trial Court.
The next date fixed for hearing before the learned Trial Court
is 24.11.2011
10. 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 dissolved and finally that,
respondent No.2 does not want to pursue the case any
further. In the interest of justice, I quash the FIR
No.233/2003 dated 09.07.2003 registered at Narela and
emanating proceedings thereto.
11. Although the Government machinery has been pressed
into and the precious time of the Court has been consumed,
I keep in view the financial position of the petitioners, and,
therefore, I defer from imposing costs on them.
12. Crl.M.C.No.3226/2011 is allowed.
13 Crl.M.A.No.11440/20011 has become infructuous and is
disposed of as such.
14. Dasti.
SURESH KAIT, J
SEPTEMBER 26, 2011
sa
