Amandeep Singh & Ors. vs State & Anr.
2012 Latest Caselaw 1065 Del

$~24
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+         CRL.M.C. 570/2012

%            Judgment delivered on: 15th February, 2012

      AMANDEEP SINGH & ORS.                           ..... Petitioners

                           Through :   Mr. R.S. Maan, Adv. for all the
                                       petitioners and R3 to R6.
             versus

      STATE & ANR.                                   ..... Respondents
                           Through :   Ms. Rajdipa Behura, APP for
                                       State.
                                       Mr. Saurabh Sharma, Adv. for
                                       R2.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CRL. M.A. 2015/2012 (Exemption) Allowed subject to all just exceptions.

CRL. M.C. 570/2012

1. Notice issued.

2. Ms. Rajdipa Behura, learned APP accepts notice on behalf of State/R1.

3. Mr. Saurabh Sharma, learned counsel accepts notice on behalf of R2.

4. Mr. R.S. Maan, learned counsel for the petitioners has submitted that though respondent No.2/complainant has resolved all the issues

qua respondents No.3 to 6 and they are residing in Australia, due to these reasons, they are not made as petitioners, as they are not available for signatures.

5. Learned counsel for the petitioners submits that vide FIR No. 196 dated 31.12.2009, a case under Sections 498-A/406/34 of Indian Penal Code, 1860 was registered at P.S. CAW Cell, Nanak Pura, New Delhi against the petitioners and respondents No. 3 to 6 on the complaint of respondent No.2/complainant.

6. Further submits that the matter has amicably been settled between the parties on 17.08.2010 for a total sum of `10,60,000 to be paid by petitioner No.1 to respondent No.2. Out of the said total settlement amount, an amount of Rs.8,60,000/- has already been paid to respondent No. 2/complainant.

7. Further submits that the matter has amicably been settled between the parties on 17.08.2010 for a total sum of `10,60,000/- to be paid by petitioner No.1 to respondent No.2. Out of the said total settlement amount, an amount of `8,60,000/- has already been paid to respondent No.2.

8. Petitioner No.1 hands over `2 lacs by way of a Draft No. 181355 drawn on PNB, Gaushala Road, Abohar, Ferozepur for the remaining settlement amount to Respondent No.2, today in the court itself.

9. Respondent No.2 who is personally present in the court with her counsel has accepted the same without protest. She has been identified by her counsel. He submits that the marriage between petitioner No.1 and respondent No.2 has already been dissolved vide decree of divorce dated 10.10.2011.

10. Learned counsel for the respondent No.2 on instructions submits that respondent No.2 does not want to pursue the case anymore in view of settlement arrived at between the parties. She has no objection if the FIR is quashed.

11. Further submits that pursuant to the settlement, the respondent No.2 has withdrawn the complaints/cases filed with Australian High Commission or other Authorities. The proof of the same is handed over to learned counsel for the petitioners.

12. Learned APP for State submits that the Charge-sheet is ready and pending for scrutiny, therefore yet to be filed in the trial court.

13. She further submits that in the process, the Government Machinery has been used and precious time of the court has been consumed. If this court is inclined to quash the FIR, heavy costs should be imposed upon petitioners and respondent No.3 to 6.

14. Keeping in view the above discussion, statement of respondent No.2 into view and in the interest of justice, I quash FIR No. 196/2009 registered at P.S. CAW Cell, Nanank Pura and all the proceedings emanating therefrom.

15. However, I find force in the submission made by learned APP for State on costs.

16. Mr. Maan, learned counsel for petitioners on instructions submits that petitioner No.1 is willing to contribute Rs.1lac towards welfare purposes.

17. I appreciate this gesture of the petitioner No.1.

18. Accordingly, I direct him to pay a sum of Rs.1 lac in favour of Principal, Sr. Secondary School for Blind Boys, Sewa Kutir, B.B.M.

Depot Road, Kingsway Camp, Delhi within a period of 04 weeks from today.

19. The IO concerned/SHO, P.S. CAW Cell, Nanak Pura, New Delhi shall ensure the timely deposition of costs by petitioner No.1 with said school.

20. The principal/Head Master is directed to keep the above mentioned amount in FDR initially for a period of 02 years, to be renewed periodically. The interest accrued thereon shall be utilized for the well being of the needy children of the school.

22. Criminal M.C. 570/2012 is disposed of.

23. Dasti.

SURESH KAIT, J FEBRUARY 15, 2012/j