Delhi High Court
Abid Ahmed & Ors vs State & Ors. on 21 February, 2012
Author: Suresh Kait
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No.629/2012
% Judgment delivered on: 21st February, 2012
ABID AHMED & ORS ..... Petitioners
Through: Mr.B.P.Shukla, Adv
versus
STATE & ORS. ..... Respondents
Through : Ms.Rajdipa Behura, APP for State
with Inspector Ravinder Singh, police station
Jamia Nagar in person.
Mr.Naveen Kumar, Adv for R-2 with
respondent in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl.M.A.No.2181/2012(exemption)
Exemption is allowed subject to just exceptions.
Criminal M.A. stands disposed of.
+ CRL.M.C. No.629/2012
1. Notice issued.
2. Ms.Rajdipa Behura, learned APP on behalf of respondent
No.1/State and Mr.Naveen Kumar, learned counsel on behalf of
respondent No.2 accepts notice.
3. Learned counsel for petitioners submits that vide FIR
No.129/2008 dated 31.05.2008 a case under Sections 498A/406/34
Indian Penal Code, 1860 was registered against the petitioners on the
complaint of respondent No.2 at police station Jamia Nagar, New
Delhi.
4. It is further submitted that vide compromise deed dated
01.10.2011, respondent No.2 has settled all the issues qua the aforesaid
FIR against the petitioners, therefore, she is not interested in pursuing
this case against them. She also has no objection, if the
aforementioned FIR is quashed.
5. Respondent No.2 present in person with her counsel Mr.Naveen
Kumar, who duly identifies her.
6. On instructions, learned counsel for respondent No.2 has
submitted that she has settled all the issues qua the aforesaid FIR with
the petitioners vide compromise deed dated 01.10.2011. Pursuant
thereto, the marriage between respondent No.2 and petitioner No.1 has
already been dissolved by Talaqnama conveyed to her as per Muslim
Personal Law.
7. Learned counsel further submitted that she is no more interested
in pursuing the aforementioned FIR and further has no objection, if the
same is quashed.
8. On the other hand, learned APP submitted that on completion of
investigation, charge-sheet had been filed before learned Trial Court
and matter is pending for framing of charge.
9. She further submitted that if this Court is inclined to quash the
FIR, heavy costs may be imposed upon the petitioners, as in the
process government machinery has been pressed into and precious
public time has been consumed.
10. Keeping the compromise dated 01.10.2011, Talaqnama between
petitioner No.1 and respondent No.2, as well as statement of
respondent No.2 that she is no more interested to pursue the case
against petitioners into view; in the interest of justice, FIR
No.129/2008 registered against the petitioners at police station Jamia
Nagar, New Delhi and proceedings emanating thereto are hereby
quashed.
11. I find force in the submission of learned APP regarding
imposing terms on the petitioners. Accordingly, a cost of ` 25,000/-
imposed upon petitioner No.1. No cost is being imposed upon
petitioner Nos.2 to 5.
12. Petitioner No.1 is directed to deposit the said costs of ` 25,000/-
in favour of 'Middle School for Deaf, Sector - 4, Rohini, Delhi' within
two weeks from today, under intimation to the IO/SHO, PS Jamia
Nagar, New Delhi.
13. The Principal/Head Master of above school is directed to keep
the above amount of costs in FDR initially for 02 years with any
Nationalized bank and thereafter get the same renewed periodically.
The interest accrued thereon shall be utilized for the well being of the
needy children of the school.
14. The IO concerned/SHO, police station Jamia Nagar, New Delhi
shall ensure the timely deposition of cost by petitioner No.1 with said
school.
15. Consequently, Criminal M.C.No.629/2012 is allowed and stands
disposed of in above terms.
16. Dasti.
SURESH KAIT, J
FEBRUARY 21, 2012
Mk
